section 21
Collector to make declaration regarding surplus land, etc., and consequences thereof.
The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961General196164 sections8 chapters
Chapter IV SURPLUS LAND
Statutory text
- (1) As soon as may be after the Collector has considered the matters referred to in section 18 and the questions, if any, under sub-section (3) of section 20, he shall make a declaration stating therein his decision on-
- (a) the total area of land which the person 1[or family unit] is entitled to hold as the ceiling area;
- (b) the total area 2* * * * of land which is in excess of the ceiling area ;
- (c) the name of the 3[landlord] to whom possession of land is to be restored under section 19, and area and particulars of such land;
- (d) the area, description and full particulars of the land which is delimited as surplus land ;
- (e) the area and 4[particulars of land out of surplus land, in respect of which the right, title and interest of person 5[or family unit] holding it] is to be forfeited to the State Government. 6[The Collector shall announce his declaration in the presence of the holder and other persons interested who are present at the time of such declaration.]
- (2) After a declaration under sub-section (1) is made 7[the Collector shall prepare a statement in the prescribed form giving details of the area], description and full particulars of the land which is delimited as surplus land, 8[and also of the land therefrom, the right, title and interest in which is] to be forfeited to the State Government. 9[The Collector shall affix a copy of the statement at the village chawdi or any other prominent place at the village and shall also dispatch a copy of the statement to the person or to the member of the family unit interested in the land delimited as surplus. On the date of the announcement of the declaration mentioned in the preceding sub-section], 10[the right, title and interest in the land which] is liable to forfeiture shall stand forfeited to and vest in the State Government. 11[On and after the date of announcement of the declaration,[no sale, gift, mortgage, exchange, lease or any other disposition (including any transfer in execution of a decree or order of a court, tribunal or authority) shall be made of the land which is delimited as surplus land. If any such disposition or transfer is made, it shall be invalid, and of no effect. 12[Explanation.- Declaration of any land as surplus shall not be deemed to be invalid merely on the ground that the statement giving details of the land is not affixed as aforesaid or has not been dispatched to the person or member of the family unit as provided in sub-section (2)] : Provided that, if -
- (a) any right of resumption under the relevant tenancy law in respect of ; or
- (b) possession of, or right to possession of, any land delimited as surplus, is subject to proceedings under any other law in any court or tribunal, or before any authority, then so much only of the land as the holder of the surplus land in such proceedings is finally held-
- (i) not to be entitled to retain, or
- (ii) not to be in possession of, or not to be entitled to possess, may be transferred in pursuance of such proceedings. 13[Explanation.- For the purpose of this proviso, the proceedings means proceedings for acquisition of land for a public purpose or for the sale of land for realisation of land revenue or sums recoverable as arrears of land revenue, and any other proceedings instituted before the 26th September 1970 and pending on the commencement date in any court, or tribunal or before any authority.]
- (3) The declaration made under this section, 14[subject to the decision of the Maharashtra Revenue Tribunal in appeal under section 33, or of the State Government in revision under sub-section (2) of section 45], shall be final and conclusive, and shall not be questioned in any suit or proceeding in any court.
- (4) 15[As soon as may be after the announcement of the declaration referred to in sub-section (2), the Collector,] shall take, in the prescribed manner, possession of the land which is delimited as surplus 16 [and, in the case of land which the landlord is entitled to resume, restore possession of the land to the 17[landlord named] in the declaration]. The surplus land shall, with effect from the date on which the possession thereof is taken as aforesaid be deemed to be acquired by the State Government for the purposes of the Act and shall accordingly vest without further assurance and free from all encumbrances in the State Government : Provided that, in the case of surplus land referred to in the proviso to sub-section (2), the Collector shall, after the proceedings are finally decided, take possession of so much only of the land which the holder of the surplus land is in such proceedings finally held,
- (i) to be entitled to retain, or
- (ii) to be in possession of, or to be entitled to possess; and with effect from the date of taking over possession, the land shall vest in the State Government as aforesaid. 18[Explanation.- For the purposes of this proviso, "proceedings" has the meaning assigned to it in the Explanation to the proviso to sub-section (2) of this section]. 19[(5) Where possession of any land delimited as surplus is handed over by the holder in pursuance of an undertaking given by him in any court, and the appeal filed by the holder against the declaration of that land as surplus has been subsequently withdrawn or dismissed, the land, notwithstanding anything contained in sub-section (4), shall with effect from the date on which the possession thereof is taken by the Collector, be deemed to be duly acquired by the State Government for the purposes of the Act, and shall accordingly be deemed to have been validly and effectually vested without further assurance and free from all encumbrances in the State Government from the date of taking over possession thereof].
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