Maharasthra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975
No: 64 Dated: Dec, 24 1975
THE MAHARASHTRA VACANT LANDS (PROHIBITION OF UNAUTHORISED OCCUPATION AND SUMMARY EVICTION) ACT, 1975
ACT No. LXVI OF 1975
An Act to prohibit unauthorised occupation of vacant lands in the urban areas in the State to provide for summary eviction of persons from such lands and for matters connected therewith.
WHEREAS both Houses of the Legislature of the State were not in session ;
AND WHEREAS the number of unauthorised occupants on vacant lands in the urban areas in the State was rapidly increasing and was causing grave danger to the public health and sanitation, and peaceful life of the inhabitants of such areas ;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to prohibit unauthorised occupation of vacant lands in the urban areas in the State, and to provide for summary eviction of persons from such lands and for matters connected therewith and, therefore, promulgated the Maharashtra Vacant Lands (Prohibition of the Unauthorised Occupation and Summary Eviction) Ordinance, 1975, on the 11th November 1975 ;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows :-
1. Short title, extent and commencement:- (1) This Act may be called the Maharasthra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975.
(2) It extends to the whole of the State of Maharashtra.
(3) This Act shall, in the first instance, be deemed to have come into force in the Bombay Metropolitan Region on the 11th day of November 1975. The State Government may, by notification in the Official Gazette, bring this Act into force in such other urban area or areas in the State, on such date or dates as may be specified in the notification.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) “appointed date” in relation to any urban area, means the date on which this Act comes into force in that area ;
(b) “Bombay Metropolitan Region” or “Metropolitan Region” as the meaning assigned to it in the Bombay Metropolitan Region Development Authority Act, 1974 ;
(c) “Competent Authority” means such officer, not below the rank of a Deputy Collector or an Executive Engineer, a Municipal Ward Officer or Chief Officer as the State Government may, by notification in the Official Gazette, appoint for the purposes of this Act ; and different officers may be appointed for different areas of the State ;
(d) “corporation area” means the Metropolitan Region and an area within the limits of a municipal corporation (other than Greater Bombay) constituted under any law for the time being in force in the State ;
(e) “urban area” means any corporation area or the area for the time being included within the limits of any municipal council constituted or deemed to be constituted under any law for the time being in force, and includes such area as the State Government may, by notification in the Official Gazette, specify ;
(f) “vacant land,” in relation to any urban area, means—
(a) all lands in such area, whether agricultural or non-agricultural, which are vacant and are not built upon on the appointed date ;
(b) all lands in such area on which any structure has been or is being constructed otherwise than in accordance with any law regulating the construction of such structure and which the Competent Authority may, from time to time, by an order in writing, specify and declare to be vacant lands by announcing by beat of drum or other suitable means on or in the vicinity of such lands, and the declaration so made shall be deemed to be notice to all those who are occupying such lands that all such lands shall be vacant lands for the purposes of this Act ; and includes, in particular, all lands specified in the Schedule to this Act.
The State Government may, from time to time, by an order, published in the Official Gazette, amend that Schedule by adding thereto any land or lands specified in that order or by modifying or transferring any entry in that Schedule.