)1(

L. C. BILL No. II OF 2026.

A BILL

further to amend the Maharashtra Land Revenue Code, 1966.

WHEHERAS it is expedient further to amend the Maharashtra Land

Revenue Code, 1966, for the purposes hereinafter appearing; it is hereby enacted

in the Seventy-seventh Year of the Republic of India as follows :—

1. This Act may be called the Maharashtra Land Revenue Code

(Amendment) Act, 2026.

2. In section 22A of the Maharashtra Land Revenue Code, 1966

(hereinafter referred to as “the said Code”), after sub-section (7), the following

sub-section shall be added, namely :—

Mah.

XLI of

1966.

Short title.

Mah.

XLI of

1966.

Amendment

of section 22A

of Mah. XLI

of 1966.

भााग आठ-११-१

RNI No. MAHBIL /2009/35530

महाारााष्ट्रट शाासन रााजपत्र

असाधाारण भााग आठ

वर्षष १२, अंक ८(३)]

बुुधवाार, मार्चच ४, २०२६/फााल्गुन १३, शकेे १९४७

[पृष्ठे 5 किं�ंमत : रुपयेे २३.००

असाधाारण क्रमांं�क ११

प्रााधि�कृृत प्रकााशन

महाारााष्ट्र वि�धाानमंडळााचेे अधि�नि�य

म व रााज्यपाालांं�नी प्रख्यापि�त केलेले अध्यादेेश व केलेले

वि�नि�य

म आणि� वि�धि� व न्याय वि�भाागाकडून आलेली वि�धेेयकेे (इंंग्रजी अनुवाद).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in

English of the Maharashtra Land Revenue Code (Amendment) Bill, 2026 (L.C. Bill No. II of 2026),

introduced in the Maharashtra Legislative Council on the 4th March 2026, is hereby published under

the authority of the Governor.

By order and in the name of the

Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, मार्च ४, २०२६/फाल्गुन १३, शके १९

“(8) The Gairan land included within the area of municipal corporation

or municipal council for which a final Development Plan is notified as

per the provisions of the Maharashtra Regional and Town Planning Act,

1966, shall, with prior permission of the State Government, be used for

the purposes designated for such land in such final Development Plan.”.

3. In section 230 of the said Code, in sub-section (1),—

(1) after the words “by post” the words “or through electronic mail

service” shall be inserted ;

(2) the following proviso shall be added, namely :—

“Provided that, such notice may also be served by any other electronic

communication in such form and in such manner, as the State Government

may by rules provide.”.

Mah.

XXXVII

of 1966.

Amedment of

section 230 of

Mah. XLI of

1966.

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, मार्च ४, २०२६/फाल्गुन १३, शके १९

STATEMENT OF OBJECTS AND REASONS

Gairan land is the land specifically designated for free grazing of village

cattle (pasturage). Gairan land is generally protected and cannot be diverted

or leased for other purposes, except for public projects or if no other suitable

land is available, subject to strict regulations as specified in section 22A of the

Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

2. Over the period of time, Gairan lands adjacent to the cities and other

developed urban areas are no longer used for pasturage of cattle. However, in the

record of rights of such lands are shown as Gairan lands. It is also noticed that

such Gairan lands in the urban areas are designated for residential, commercial

or industrial purposes in the final Development Plan prepared by the Planning

Authorities after following due procedure under the Maharashtra Regional and

Town Planning Act, 1966 (Mah. XXXVII of 1966). After inclusion of such Gairan

lands in any final Development Plan, use of such lands became permissible for

purposes specified in such Plan.

3. The Bombay High Court in the case of Santosh Madhukar Bhondave

and Ors. Vs. State of Maharashtra and Ors. (Writ Petition No. 3098 of 2021),

has held that the land-use prescribed in the Development Plan prepared by

respondent No. 4 in respect of subject land under section 34 or 35 of the MRTP

Act, 1966 will operate and apply and will over-ride the use of the subject land

as Gairan land. In the said judgement it is further held that, if user of any land

before its inclusion in the limits of Municipal Corporation was other than the

user prescribed in the Development Plan prepared by the Municipal Corporation,

after its inclusion in the municipal limits, earlier user is impermissible.

In view of above, the Government of Maharashtra considers it expedient

to amend section 22A of the said Code, to enable the use of such Gairan lands

with prior permission of the State Government, for the purposes specified in

the final Development Plan.

4. Section 230 of the said Code provides that every notice under the said

Code may be served either by tendering or delivering a copy thereof or sending

such copy by post to the person on whom it is to be served.

Various types of notices are issued by different revenue authorities to

persons under the said Code in different revenue matters, such as assessment

of revenue, charges, claims, change in record of rights, appeals and revisions

proceedings, etc. However, due to various reasons such as large number of

notices to be served under the said Code, insufficient addresses, non-acceptance

of notices by parties, etc., the notices issued by the revenue authorities cannot

be served to the concerned parties in time bound manner. Consequently, the

revenue proceedings get delayed and decisions are prolonged.

5. To ensure timely and proper service of notice to the concerned parties

and to facilitate the speedy completion of the revenue proceedings under the

said Code, it is considered expedient to specifically provide for service of notice

by electronic mail services or by any other electronic communication as may

be prescribed, in addition to the existing modes of service of notice in the said

Code.

भााग आठ-११-२

महाराष्ट्रõ शासन रा

असाधारण भाग आठ, मार्च ४, २०२६/फाल्गुन १३, शके १९

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposal for delegation of legislative power,

namely :—

Clause 3 (2).—Under this clause, power is taken to the State

Government to provide by rules any other electronic communication to

serve notice and also to provide its form and manner.

2. The above-mentioned proposal for delegation of legislative power is of

a normal character.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.