1. Definitions and Meanings
1. access right of the owner of a piece of land to use a public road which is next to
land, Clear approach to a plot or a building.
Means of Access:- These shall include the road/street/vehicular access
way, pathway up to the plot and to the building within a plot.
2. 1 agricultural year means the year commencing on the first day of April
3. agricultural means (includes) horticulture, poultry farming, the rising of crops, fruits,
vegetables, flowers, grass or trees of any kind, breeding of livestock
including cattle, horses, donkeys, mules, pigs, breeding of fish and
keeping of bees, the use of land for grazing, cattle and for any purpose
which is ancillary to its cultivation or other agricultural purpose.
4. agriculturist means a person who cultivates land personally;
5. alienated means transferred in so far as the rights of the State Government to
payment of rent or land revenue are concerned, wholly or partially, to the
ownership of any person ;
6. Alteration in building Any change in existing authorized building such as an addition to the
area or height, or the removal of part of a building, or any change to the
structure, such as the construction of, cutting into or removal of any wall,
partition, column, beam, joist, floor, roof or other support or a change to
or closing of any required means of ingress or egress. However
modification in regards to gardening, white washing, painting, plastering,
pointing, paving and retiling shall not be deemed to be alteration.
7. amenity means roads, streets, open spaces, parks, recreational grounds, play
grounds, sports complex, parade grounds, gardens, markets, parking
lots, primary and secondary schools and colleges and polytechnics,
clinics, dispensaries and hospitals, water supply, electricity supply, street
lighting, sewerage, drainage, public works and includes other utilities,
services and conveniences.
8. backward area means any area declared by the State Government to be a backward
area being an area in which, in the opinion of the State Government,
socially, economically and educationally backward classes of citizens
predominate; and includes an area declared to be a Scheduled area
under paragraph 6 of the Fifth Schedule to the Constitution of India;
9. Bagayat Land This is classified in three categories:
a) that watered by Govt. Canals notified by Govt.
b) that irrigated by water lifted by ‘mots' ( pump) from wells.
c) that watered by 'pat’( small canal) water from bandharas ( dam)
constructed in the beds or rivers or nalas (canal) at private or
Government costs.
10. boundary mark means any erection, whether of earth, stone or other material, and also
any hedge, un-ploughed ridege, or strip of ground, or other object
whether natural or artificial set up, employed, or specified by a survey
officer or revenue officer having authority in that behalf, in order to
designate the boundary of any division of land ;
2. 11. Builder Means the person who is legally empowered to construct or to execute
work on a building unit, building or structure, or where no person is
empowered, the owner of the building unit, building or structure.
12. building means any structure, not being a farm building ;any structure for
whatsoever purpose and of whatsoever materials constructed and every
part thereof whether used as human habitation or not and includes
foundation, plinth, walls, floors, roofs, chimneys, (wells in residential
area,) door steps, fencing, plumbing and building services, fixed-
platforms, verandahs, balcony; cornice or projection, part of a building or
anything affixed thereto or any wall fence enclosing or intended to
enclose any land or space and signs and outdoor display structures.
However, tents, shamianas and the tarpaulin shelters erected for
temporary and ceremonial occasions with the permission of the Authority
shall not be considered as building.
Residential Buildings:- These shall include any building in which sleeping
accommodation is provided for normal residential purposes with or
without cooking or dining or both facilities. It includes one or two or multi-
family dwellings, lodging or rooming houses, hostels, dormitories,
dharmshalas, apartment houses, flats, service apartment, studio
apartment and private garages incidental thereto.
Educational Buildings :- A building exclusively used for a school or
college recognized by the appropriate Board or University, or any other
competent authority involving assembly for instruction, education or
recreation incidental to educational use, and including a building for such
other users incidental thereto such as library, coaching class or a
research institution. It shall also include quarters for essential staff
required to reside in the premises and a building used as a hostel
attached to an educational institution whether situated in its campus or
not and, also includes daycare purposes more than 8 hours per week.
Institutional Buildings :- A building constructed or used by Government,
Semi - Government organization or registered trusts and used for
medical or other treatment, a hostel for working women or an auditorium
or complex for cultural and allied activities or for an Hospice care of
persons suffering
from physical or mental illness, handicap, disease or infirmity, care of
orphans, abandoned women, children and infants, convalescents,
destitute or aged persons and for penal or correctional detention with
restricted liberty of the inmates ordinarily providing sleeping
accommodation, and includes hospitals, sanatoria, custodial and penal
institutions such as jails, prisons, mental hospitals, houses of correctional
detention and reformatories.
Assembly Buildings :- These shall include any building or part of building
where groups of people congregate or gather for amusement, recreation,
social, religious, patriotic, civil, travel and similar purposes, e.g. theatres,
motion picture house, drive-in-theatres, multiplexes, assembly halls, city
halls, town halls, auditoria, exhibition halls, museums, mangal karyalaya,
cultural centre, skating rings, places of worship, dance theatres, club &
3. gymkhana, passenger stations and terminals of air, surface and other
public transportation services, recreation piers and stadia.
Business Buildings :- These shall include any building or part of building,
which is used for transaction of business for the keeping of accounts and
records for similar purposes; offices, banks, professional establishments,
I.T. establishments, call centre, offices for private entrepreneurs, court
houses, libraries shall be classified in this group in so far as principal
function of these is transaction of public business and the keeping of
books and records.
Office Building / Premises:- The premises whose sole or principal use is
to be used as an office or for office purpose; "office purposes" shall
include the purpose of administration, clerical work, handling money,
telephone/ telegraph/ computer operations and "clerical work" shall
include writing, book-keeping, sorting papers, typing, filing, duplicating,
drawing of matter for publication and the editorial preparation of matter
for publication.
13. building line means a line on either side of any highway or part of a highway fixed by
State Government in respect of such highway or part of highway
The line up to which the plinth of a building adjoining a street or an
extension of a street or on a future street may lawfully extend. It includes
the lines prescribed, if any, in any scheme and/or Development Plan.
The building line may change from time to time as decided by the Chief
Officer.
14. building site means a portion of land held for building purposes, whether any building
be actually erected thereupon or not, and includes the open ground or
courtyard enclosed by, or appurtenant to, any building erected thereupon
;
15. Carpet Area The net usable floor area within a building excluding that covered by the
walls or any other areas specifically exempted from floor space index
computation in these regulations.
16. certified copy or
certified extract
means a copy of extract, as the case may be, certified in the manner
prescribed by section 76 of the Indian I of 1872. Evidence Act, 1872;
17. chavadi means the place ordinarily used by a village officer for the transaction of
village business;
18. Coastal Regulation
Zone (CRZ)
means coastal stretches of seas, bays, estuaries, creeks, rivers and
backwaters which are influenced by tidal action (in the landward side) up-
to 500 metres from the High Tide Line (HTL) and the land between the
Low Tide Line (LTL) and the HTL
19. competent to contract Every person is competent to contract who is of the age of majority
according to the law to which he is subject, and who is of sound mind,
and is not disqualified from contracting by any law to which he is subject.
20. Consent two or more persons are said to consent when they agree upon the same
thing in the same sense.
21. control line means a line on either side of a highway or part of a highway beyond the
building line fixed by State Government in respect of such highway or
part of highway
4. 22. to cultivate personally “means to cultivate land on one’s own account—
(i) by one’s own labour, or (ii) by the labour of any member of one’s
family, or (iii) under the personal supervision of oneself or any
member of ones family, by hired labour or by servants on wages payable
in cash or kind but not in crop share,
23. consolidation of
holdings
means the amalgamation and where necessary the redistribution of
holdings or portions of holdings in any village, mahal or taluka or any part
thereof o as to reduce the number of plots in holdings;
24. co-operative farming
Society
means a society registered as such under the Bombay Co-operative
Societies Act, 1925;
25. cooperative Society Cooperative Society” means a cooperative society registered or deemed
to be registered under the Maharashtra Cooperative Societies Act, 1960.
26. Detached Building A building whose walls and roofs are independent of any other building
with open space on all sides as specified.
27. Development means the carrying out of buildings, engineering, mining or other
operations in, or over, or under, land or the making of any material
change, in any building or land or in the use of any building or land or
any material or structural change in any Heritage building or its precinct
and includes demolition of any existing building, structure or erection of
part of such building, structure of erection and reclamation,
redevelopment and layout or sub-division of any land and to develop
shall be construed accordingly.
28. Dwelling Unit
/Tenement
An independent housing unit with separate facilities for living, cooking
and sanitary requirements.
29. development plan means a plan for the development or redevelopment of the area within
the jurisdiction of a Planning Authority and includes revision of a
development plan and proposals of a special planning Authority for
development of land within its jurisdictions.
30. Dry Land (Jirayat) This means the cultivation mainly depends upon annual rainfall.
31. environment means (it includes) water, air and land and the inter- relationship which
exists among and between water, air and land, and human beings, other
living creatures, plants, micro-organism and property
32. environmental pollution means the presence in the environment of any environmental pollutant;
33. estate means any interest in lands and the aggregate of such interests vested in
a person or aggregate of persons capable of holding the same ;
34. ex-serviceman means former member of armed forces of the union other than a person
who has been dismissed or discharged after a court martial or on
account of bad character.
35. family other than a Joint Hindu family, in relation to an individual for purposes of
grant of land, includes husband, wife, minor sons, unmarried daughters
and dependent brother, sister, father and mother, whether or not they are
separate in estate, but does not include brothers who are major and
separate in estate and the father or mother who is not dependent on
such individual;
36. farm building means a structure erected on land assessed or held for the purpose of
agriculture for all any of the following purposes connected with such land
or any other land belonging to or cultivated by the holder there of, namely
5. :-
(a)for the storage of agricultural implements, manures or fodder,
(b)for the storage of agricultural produce,
(c)for sheltering cattle.
(d)for residence of members of the family. servants or tenants of the
holder, or
(e)for any other purpose which is an integral part of his cultivating
arrangement
37. (in) fee simple British law word. As per Indian law:- freehold
38. Floor space index (F. S.
I)
The quotient obtained by dividing the total covered area (plinth area) on
all floors by the area of the plot.
F.S.I. = Total covered areas on all floors divided by Plot area
39. fragment means a plot of land of less extent than the appropriate standard area
determined under The Bombay Prevention of the Fragmentation and
Consolidation of Holdings Act, 1947
40. fraud any of the following acts committed by a party to a contract, or with his
connivance, or by his agent, with intent to deceive another party thereto
of his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who
does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or
belief of the fact;
(3) a promise made without any intention of performing it
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be
fraudulent. (The Indian Contract Act, 1972)
41. freedom-fighter means a person who has suffered imprisonment or detention of not less
than one month or who was fined Rs.l00 or more, or who died or was
killed in action or in detention, or was awarded capital punishment or
became permanently incapacitated due to firing or lathi-charge, or lost
his property or means of livelihood, on account of his participation in the
National Movement for the emancipation of India;
42. Front space of the
building:-
The space between the boundary line of plot abutting the means of
access / road / street and the building line. In case of plots facing two or
more means of accesses / roads / streets, the plot shall be deemed to
front on all such means of access / road / streets.
43. gaothan or village site means the land included within the site of a village , town or city and not
the total land shown in the village record.
44. Government lessee means a person holding land from Government under a lease as
provided by section 38
45. hazardous substance means any substance or preparation which, by reason of its chemical or
physico-chemical properties or handling, is liable to cause harm to
human beings, other living creatures, plant, micro-organism, property or
the environment
46. Heritage building means a building possessing architectural, aesthetic, historic or cultural
values which is declared as heritage building by the Planning Authority in
whose Jurisdiction such building is situated;
highway means any road or way over which the public have a right of way or are
granted access and which is declared to be a highway by the State
6. Government and classify it as,—
(i) a State highway (Special); (ii) a State highway; (iii) a major district
road; (iv) other district road; or (v) a village road.
47. to hold land or to be a
land holder of land
means to be lawfully in possession of land, whether such possession is
actual or not
48. holding means a portion of land held by a holder;
49. improvement in relation to a holding means any work which adds materially to the
value of the holding which is suitable thereto and consistent with the
purpose for which it is held and which, if not executed on directly for its
benefit or is, after execution. made directly beneficial to it; and, subject to
the foregoing provisions, includes-
(a)the construction of tanks, wells, water channels, embankments and
other works for storage, supply or distribution of water for agricultural
purposes;
(b)the construction of works for the drainage of land or for the protection
of land from floods, or from erosion or other damage from water ;
(c)the planting of trees and the reclaiming, clearing, enclosing, leveling or
terracing of land ;
(d)the erection of buildings on or in the vicinity of the holding, elsewhere
than in the gaothan required for the convenient or profitable use or
occupation of the holdings ; and
(e)the renewal or reconstruction of any of the foregoing works, or
alternations therein or additions there to ; but does not include-
(i)temporary wells and such water-channels, embankments, leveling,
enclosures or other works, or petty alterations in or repairs to such
works, as are commonly made by cultivators of the locality in the ordinary
course of agriculture ; or
(ii)any work which substantially diminishes the value of any land
wherever situated, in the occupation of any other person, whether as
occupant or tenant;
50. Intangible immoveable
property
means benefits arising out of tangible immoveable property. example:- (i)
a license to enter land and fish (ii) a right to catch and carry away fish (iii)
a right to collect dues at a fair held on a plot of land (iv) a fishery v) a
ferry vi) a right to enter upon land and remove trees (vii) a right to graze
over land of another.
51. Jamabandi Means annual settlement of Village Accounts.
52. Judi It was system of land holdings. In that system rent to the Government
was made in cash.
53. joint holders or joint
occupants
means holders or occupants who hold land as co-sharers, whether as
co-sharers in a family undivided according to Hindu law or otherwise, and
whose shares are not divided by metes and bounds; and where land is
held by joint holders or joint occupants, " holder" or occupant", as the
case may be, means all the joint holders or joint occupants;
7. 54. Khalsa The word "Khalsa" is derived from Perso-Arabic khalisah. The term
khalisah was used during the Muslim rule in India. The word Khalsa is a
term used to denote a ruler's personal property. In Marathi it means “it is
seized by Government. (Land or territory,” confiscated by Government.
The lands of which inami / vatan rights are abolished are known as
Khalsa lands, even though are in private possession. Such holder cannot
sale khalsa lands without prior permission of Govt. Read more
55. land includes benefits to arise out of the land, and things attached to the
earth, or permanently fastened to any things attached to the earth, and
also shares in or charges on, the revenue or rent of villages, or other
defined portions of territory
56. landlord means a lessor;
57. land records means records maintained under the provisions of, or for the purposes
of, this Code and includes a copy of maps and plans or a final town
planning scheme, improvement scheme or a scheme of consolidation of
holdings which has come into force in any area under any law in force in
the State and forwarded to any revenue or survey officer under such law
or otherwise;
58. land revenue means all sums and payments, in money received or legally claimable by
or on behalf of the State Government from any person on account of any
land or interest in or right exercisable over land by or vested in him,
under whatever designation such sum may be payable and any cess or
rate authorised by the State Government under the provisions of any law
for the time being in force; and includes premium, rent, lease money, quit
rent, judi payable by a inamdar or any other payment provided under any
Act, rule, contract or deed on account of any land;
59. layout means an arrangement or plan of how plots, roads, open
spaces amenities and buildings etc. are to be set out
60. Layout Open Space Shall mean a statutory common open space kept in any layout exclusive
of margins and approaches, at a height not more than ground level of the
building unit.
61. Lease A lease of immovable property is a transfer for a right to enjoy such ' a
property, made for a certain time, express or implied, or in perpetuity, in
consideration of a price paid or promised, or of money or a share of
crops, service or any other thing or value, to be rendered periodically or
on specified occasions to the transferor by the transferee, who accepts
the transfer on such terms.
62. legal practitioner has the meaning assigned into it the Advocates Act, 25 of 1961;
63. non-agricultural
assessment
means the assessment fixed on any land under the provisions of this
Code or rules there under with reference to the use of the land for a non-
agricultural purpose;
64. notified area means an area within the jurisdiction of one or more local authorities (not
being an area within the jurisdiction of a cantonment board constituted
under the Cantonment Act, 1924) which is in the opinion of the State
Government in a neglected condition, or which is being developed or is in
imminent likelihood of being developed in an uncontrolled or haphazard
manner, and requires, in the public interest, to be developed in a proper
and orderly manner:;
8. 65. occupancy means a portion of land held by an occupant;
66. occupant means a holder in actual possession of unalienated land, other than a
tenant or Government lessee ; provided that, where a holder in actual
possession is a tenant, the land holder or the superior landlord, as the
case may be, shall be deemed to be the occupant;
67. occupation means possession;
68. to occupy land means to possess or to take possession of land;
69. Open Space means an area farming an integral part of the plot, left open to the sky
70. parcel This word use to signify the description of property. piece of land
71. pardi land means a cultivated land appertaining to houses within a village site;
72. partition means an act, by a court order or otherwise, to divide up a joint
ownership into separate portions representing the proportionate interests
of the holder of the property
73. plot or site: means parcel (piece) of land enclosed by definite boundaries
Net plot area: The net plot area is an area of the plot in a layout after
deduction of mandatory open space, amenity space, internal roads,
development plan roads and reservations, if any.
74. population in relation to any area means population as ascertained at the last
preceding census of which the relevant figures have been published
75. Protected tenant means person who is recognised to be a protected tenant under section
4-A; of The Bombay Tenancy and Agricultural Lands Act, 1948
76. prescribed means prescribed by rules made by the State Government under this
Code
77. Prima facie means on the first appearance.
78. recognised agent means a person authorised in writing by any party to a proceeding under
this Code to make appearances and applications and to do other acts on
his behalf in such proceedings
79. rent means any consideration, in money or kind or both, paid or payable by a
tenant on account of the use or occupation of the land held by him but
shall not include the rendering of any personal service or labour;
80. residence means (it includes) the use for human habitation of any land or building,
or part thereof including gardens, grounds, garages, stables and
outhouses, if any; appertaining to such land or building;
81. revenue officer means every officer of any rank whatsoever appointed under any of the
provisions of this Code, and employed in or about the business of the
land revenue or of the surveys, assessment, accounts, or records
connected therewith
82. revenue year means the year commencing on such date as the State Government
may, by notification in the Official Gazette, (1st August to 31st July is
notified as a revenue year.)
9. 83. ribbon development means development taken linearly along a highway with direct access to
the highway
84. river Means (it includes) any stream, canal, creek or other channels, natural or
artificial; - Indian Forest Act 1927
85. Sanad means authority given in writing by the government to hold land (or an
office, or to follow a certain profession.)
86. saza means a group of villages in a taluka which is constituted a saza under
section 4 of MLR Code
87. serving member of the
armed forces
serving member of the armed forces" means a member of the armed
forces of the Union, and includes a person who was such member at the
time of the Chinese action in 1962 or the Indo-Pak conflict in 1965 and
was killed in such action or reported missing;
88. sound mind A person is said to be of sound mind for the purpose of making a
contract if, at the time when he makes it, he is capable of understanding
it and of forming a rational judgment as to its effect upon his interests.
89. Sub-Divisional Officer means an Assistant or Deputy Collector who is placed in charge of one
or more sub-divisions of a district
90. suomotu Means on its own motion. It is used, for example, where a government
agency acts on its own cognizance.
91. sub-division of a survey
number
means a portion of a survey number of which the area and assessment
are separately entered in the land records under an indicative number
subordinate to that of the survey number of which it is a portion;
92. survey mark means for the purposes of MLR Code, a mark erected for purposes of
cadastral survey of land.
93. survey number means a portion of land of which the area and assessment are
separately entered, under an indicative number in the land records and
includes-
(i)plots reconstituted under a final town planning scheme, improvement
scheme or a scheme of consolidation of holding which has come into
force any area under any law; and
(ii)in the districts of Nagpur, Wardha, Chanda and Bhandara any portion
of land entered in the land records under any indicative number known
as the khasra number;
94. superior holder except in Chapter XIV means a land-holder entitled to receive rent or
land revenue from other land-holders (called "inferior holders") whether
he is accountable or not for such rent or land revenue, or any part there
of, to the State Government
95. survey officer" means on officer appointed under, or in the manner provided by, section
8;
96. tangible immoveable
property
means the land, building or structures on land, things attached to the
earth or permanently fastened to anything attached to the earth.
97. tenant means a lessee, whether holding under in instrument, or under an oral
agreement, and includes a mortgagee of a tenant's rights with
possession; but does not include a lessee holding directly under the
State Government;
98. testamentary Relating to testament of will, cç=l³çáHç$ççÆJç<ç³çkçÀ
10. 99. Town Planning scheme means schemes prepared by Planning Authority the for the purpose of
implementing the proposals in the final Development Plan.
100. unoccupied land means the land in a village other than the land held by an occupant, a
tenant or a Government lessee
101. urban area means the area for the time being included within the limits of any
municipal corporation, municipality constituted under any law for the time
being in force or of any village or group of villages, which may be notified
by the State Government as urban area, regard being had to the density
of population and of buildings in the area and the expression " non-urban
area" shall be construed accordingly;
102. virgin land means land which is not under cultivation for a continuous period of three
years immediately prior to its grant
103. village includes a town or city and all the land belonging to a village, town or
city;
104. wada land means an open land in village site used for tethering cattle or storing
crops or fodder, manure or other similar things
105. warkas land means land which is used for the purpose of rab manure in connection
with rice cultivation and is classified in the revenue record as warkas;
106. wilful default means without any valid reason or intentional