Response

Without the consent of the government or prior sansaction of the Collector (when the duration of lease or mortgage does not exceed 5 years) and the Adivasi people, you cannot buy the land. It’s possible that you’ll be charged with illegal possession. Second, if they give you the land and all of the necessary paperwork is completed, you may build a hospital on the property with the necessary permits. Regarding the gift deed, an application must be sent to the collector.

S. 36 of the Maharashtra Land Revenue Code, 1966, expanded the definition of “Scheduled Tribe” as found in the explanation to S. 36(4) and added a few provisions, including S. 36A, which completely prohibits certain transfers of tribal occupancy in favour of non-tribals except with prior sanction of the Collector and/or Collector with prior approval of the State Government (to be granted only in certain circumstances) and that too on an application by a non-tribal. Transfers done in violation of S. 36A(1) are null and unlawful and can be declared as so by the Collector suo motu or upon tribal request.

Collector’s approval of the transfer under Section 36A. (1) Subject to the provisions of Rule 3, the Collector may give sanction for- (e) the transfer of the land by way of sale or lease- I if the land is needed by an industrial undertaking in connection with any bona fide industry applications carried on or to be carried on by such undertaking; (ii) if the land is required for the benefit of any educational or charitable institution; (iii) if the land is required for the benefit of a co-operative society.

Reference: S. 36 of the Maharashtra Land Revenue Code, 1966. – – AHG251 – 202100581 – 131 – 101 – 2021001122021004215794

LAWAYZ-2023-973