What Is Gairan Land?

Gairan land refers to village common grazing land — pasture traditionally reserved for the free use of village cattle under the Maharashtra Land Revenue Code, 1966. These lands were historically off-limits for any alternative use. Over decades, however, rapid urbanisation has brought large tracts of such land within the jurisdictions of Municipal Corporations and Municipal Councils, where they have often remained in legal limbo — neither actively used for grazing nor formally available for civic development.

The Key Change

The amendment inserts a new Sub-section (8) into Section 22A of the Code. In plain terms, it allows Gairan land located within a Municipal Corporation or Municipal Council area — where a final Development Plan has already been notified under the Maharashtra Regional and Town Planning Act, 1966 — to be used for the specific purposes designated for it in that Development Plan. Crucially, this can only happen with prior permission from the State Government.

Why This Amendment Was Needed

The move has been in the making for years. The Supreme Court, in Civil Appeal No. 1132/2011 (Jagpal Singh & Others vs. State of Punjab & Others), had flagged concerns about misuse of common grazing lands across India. Following those observations, Maharashtra issued guidelines in 2011 and amended Section 22A in 2017. More recently, the Bombay High Court’s observations in Writ Petition No. 3098/2021 (Santosh Madhukar Bhondve vs. State of Maharashtra) on September 12, 2024 brought renewed urgency. The 2026 amendment is the government’s legislative response — designed to provide a legal framework to utilise these urban pockets of Gairan land productively and in a planned manner.

What the GR Directs Field Officers to Do

The GR lays down four clear instructions for revenue officials across the state:

First, Gairan lands within Municipal Corporation or Municipal Council limits that are included in a final Development Plan are now eligible for use as per that plan. Second, such lands can only be put to the specific purpose for which they are reserved in the Development Plan — whether that be a school, road, garden, or housing — and no other. Third, prior State Government approval is mandatory before any such land is put to use. Fourth, once approval is granted, the District Collector must update the land records: the “Gairan” entry must be removed and the new designated purpose must be formally recorded.

Scale of the Issue

The amendment is significant given the sheer scale of Gairan land locked in legal uncertainty. According to an affidavit filed by the Maharashtra government before the Bombay High Court in 2022, there are over 2,22,153 illegal constructions on Gairan lands across the state, encroaching upon approximately 10,089 hectares. Separately, the state had identified 7,700 hectares of grazing land for potential diversion for public infrastructure projects statewide. Mumbai-specific figures, however, are not publicly disclosed and would require an RTI query to the relevant Collector’s office.

What It Means in Practice

For cities like Mumbai, Pune, Nagpur, and other Municipal Corporation areas, this amendment effectively creates a lawful pathway to develop land parcels that were previously stuck between their village-era classification and modern urban needs. A plot classified as Gairan but reserved for a public garden in the Development Plan, for instance, can now legally be developed as one — provided the State Government gives the nod.

Urban planners and civic bodies are expected to identify such parcels and initiate the approval process. Legal experts note, however, that the requirement of prior State Government permission adds an important safeguard against arbitrary diversion of these commons.

Also Read: 87 Land Deals for 1862+ Acres Closed in FY-23

The post Maharashtra Unlocks Gairan Land in Urban Areas for Development: What the New Amendment Means appeared first on Square Feat India.

By Varun Singh

One May 4, the Maharashtra government’s Housing Department came out with a new circular. This circular is directed to MHADA.

The circular issued by the state government is in regards to the redevelopment of cessed buildings under Development Control Rules 33(7).

Till 2011, an FSI of 2.5 was granted for redeveloping cessed dilapidated building within Mumbai city later the FSI was increased to 3.

MHADA issues a No Objection Certificate for carrying out the redevelopment. This NOC is issued by Mumbai Repair and Reconstruction Board of MHADA

Those developers who were issued NOC for 2.5 FSI and wanted to convert the project into a 3 FSI, would approach MHADA and get a new NOC.

However, the new circular has clearly stated that now projects for which NOC are being issued for 3 FSI from 2.5 FSI, MHADA will have to take government’s permission.

Arun Dongare, Chief Officer, Mumbai Repair and Reconstruction Board, said, “The state government’s decision will impact those projects which for the last 9 years haven’t sought the new NOC to convert from 2.5 FSI to 3 FSI. There will be very limited projects in this bracket.”

According to another officer, the state government will seek answers from NOC holders on why so much delay in conversion and will make them accountable. This can also be seen from the words mentioned in the circular issued by the housing department.

The circular reads, “MHADA gives various permissions for redevelopment, but the state government has no information about them. Many complaints in regards to irregularities in such permissions are received by the state government, but as the state government has no information, it cannot resolve them.”

The circular then talks about the NOC given by MHADA in regards to convert a proposal from 2.5 FSI to 3 FSI. “Many a times the NOC given in such cases are not in tandem with the policies of the state government. Thus affecting the image of the government in the eyes of the common citizens.”

The circular also talks about many MLAs and MLCs raising questions related to the same in the assembly and council.

Hence, the government has decided that MHADA before granting a NOC to convert a project into 3 FSI from 2.5 FSI its permission be sought first.

Rajesh Vardhan of Vardhaman Group said, “As one knows that projects that wants to convert from FSI of 2.5 to 3 are old projects and here by this move the government is trying to safeguard the interest of the tenants in such projects. This will not impact new or ongoing projects where NOC of using FSI 3 has already been granted by MHADA.”

Also Read: Diwali Dhamaka Lottery Of 4000 MHADA Homes

The post MHADA To Seek Govt Permission Before Granting This NOC appeared first on Square Feat India.

By Varun Singh

The state government’s announcement of 50% cut in premium construction, builders are expected to gain a lot.

Many builders claim that the real estate prices of homes will come down too, as the premium cut would mean savings for developers.

Mumbai alone attracts around 22 premiums which is higher than other top metro cities. 

For example, a top developer said, “The move of premium cut will lead to reduced cost for home buyers which will make houses more affordable thereby increasing their purchasing power, further underlining the opportune time for them to buy a house.”

Another builder said, “The reduction in premiums will over a period of time will make it a possibility of lower price for new inventories that shall come into the market.”

Developers availing the premium will have to pay the stamp duty for homebuyers.

When asked, Adv Shirish Deshpande, Chairman, Mumbai Grahak Panchayat, on whether he thinks, homebuyers will be passed on the benefit by builders due to premium cut.

Deshpande said, “I doubt. So long as their selling rates to homebuyers are not frozen, builders will be free to hike the prices and recover the stamp duty which is expected to be absorbed by them.”

Niranjan Shetty, Senior Mumbai BJP leader, and former Tree Committee Member, BMC says, “I don’t think so the developers will reduce their rates. Earlier, area’s like balcony which were not part of the FSI and for which the developer never use to pay a single paise after Subodh Kumar came in as Municipal Commissioner, started charging the premium for such constructions, the extra profit margin which was being pocketed by the builder had to be paid as premium. Now the developers will again benefit from this move. In my view nothing is going to change except that the developers will benefit from this kind of exemption.”

Also Read: Homes To Get Cheaper In Mumbai Read To Know How

The post Builders Will They Pass Benefits To Homebuyers? Many Are Skeptical appeared first on Square Feat India.