The Maharashtra Act No. XXVIII of 1977, officially titled The Maharashtra Vacant Lands (Prohibition of Unauthorized Occupation and Summary Eviction) Act, 1977, was enacted to address the growing issue of illegal encroachments on government and private vacant lands in urban and rural areas of Maharashtra. Rising urbanization and land scarcity in the 1970s led to widespread unauthorized occupations, disrupting planned development and causing legal disputes. This Act empowered authorities to prohibit unlawful occupation and evict encroachers summarily without lengthy court procedures, ensuring efficient land management and preventing land grabbing.
Key Provisions of the Act:
Prohibition of Unauthorized Occupation (Section 3): Makes it illegal to occupy vacant land without lawful authority.
Summary Eviction Powers (Section 4): Authorizes designated officers to evict encroachers and demolish unauthorized structures.
Penalties (Section 5): Imposes fines or imprisonment for violations.
Bar on Jurisdiction of Civil Courts (Section 6): Prevents courts from interfering in eviction proceedings under this Act.
Bare Act Text (Excerpt)
THE MAHARASHTRA VACANT LANDS (PROHIBITION OF UNAUTHORIZED OCCUPATION AND SUMMARY EVICTION) ACT, 1977
(MAHARASHTRA ACT No. XXVIII OF 1977)
Section 3 – Prohibition of Unauthorized Occupation:
No person shall occupy or continue to occupy any vacant land without lawful authority.
Section 4 – Summary Eviction:
(1) An authorized officer may evict unauthorized occupants and demolish illegal structures after notice.
(2) Force may be used if resistance is offered.
Section 5 – Penalties:
Unauthorized occupation may attract imprisonment up to 6 months or fines, or both.
Section 6 – Jurisdiction Bar:
No civil court shall entertain suits against actions taken under this Act.
Purpose & Impact
This Act streamlined land dispute resolution, reduced litigation delays, and empowered Maharashtra authorities to reclaim encroached lands swiftly. It remains relevant in curbing illegal settlements and ensuring orderly urban development.