LL.B. (Five Years) Sem 8 Land Laws May 2022 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple choice questions (30 Marks - 1.5 marks each)

1. Q1 With reference to the requirement of permission under the Maharashtra Land Revenue Code, which of the following statements is True? (a) There is no requirement of permission for the bonafide industrial use of land, irrespective of whether the user has a clear title or not. (b) There is no requirement of permission if the land is to be used for the same purpose but in relaxation of conditions. (c) There is a requirement of permission of the collector if the land is to be used for the same purpose but in relaxation of conditions. (d) There is no requirement of permission of the village officer, talathi or intimation to the collector, if the land is to be used for the same purpose but in relaxation of conditions.
2. Q2 Under MHADA, CESS shall be levied and paid to the State Government as a tax on lands and buildings called the: (a) Metropolitan Building Repairs and Reconstruction Cess (b) Mumbai Building Repairs and Reconstruction Cess (c) Mumbai Building Reconstruction and Repairs Cess (d) Metropolitan Building Reconstruction and Repairs Cess
3. Q3 The payment of conversion tax means: (a) It is an additional land revenue which is called the conversion tax (b) It is paid in contravention of change of user of lands (c) It is levied on any land assessed or held for the purpose of non-agriculture and to be used for non-agricultural purpose (d) It is a penalty for using land without permission
4. Q4 In the Environment Protection Act, 1986, high tide line is defined as: (a) the line of intersection of the land with the water's surface at the minimum height reached by a rising tide (b) the line of intersection of the land with the water's surface at the maximum height reached by a low tide (c) the line of intersection of the land with the water's surface at the minimum height reached by a low tide (d) the line of intersection of the land with the water's surface at the maximum height reached by a rising tide
5. Q5 The registered document operates from the time: (a) It is duly registered with the registration office (b) It shall operate only after 4 months of execution and registration (c) It shall operate after 6 months of registration (d) It shall operate from the time from which it would have commenced to operate if no registration thereof had been required
6. Q6 Who can do an adjudication of the Stamp Duty? (a) The District Court officer (b) The High Court officer appointed by the Centre (c) The Collector or the officer appointed by him (d) Sessions Court Officer
7. Q7 Under the Maharashtra Regional and Town Planning Act, 1966 there is a penalty for unauthorized development. Which of the following statements is false? (a) Any person who at his own instance changes the use of any land without the permission required under the Act (b) Any person who at his own instance carries out development after the permission for it has been duly revoked (c) Any person who at his own instance undertakes development in contravention of any permission which has been duly modified (d) Any person who at his own instance undertakes development with all the required permission and follows all the conditions
8. Q8 The Maharashtra Rent Control Act, 1999 considers a few types of provisions while fixing "Standard Rent". All except one are incorrect. (a) Rent at which the premises were first let on 1 October 1998 (b) Rent fixed by the Court under section 8 of the Act (c) Rent at which the premises were first let on 1 October 1999 (d) Rent fixed by the Collector under the Bombay Residential Premises Act, 1947
9. Q9 One of the important features of the 2019 CRZ Notification is that for islands close to the main land coast, and for all Backwater Islands in the main land, a No Development Zone of ______ has been stipulated in view of the space limitations and unique geography of such regions. (a) 20 meters (b) 50 meters (c) 100 meters (d) 10 meters
10. Q10 Under the Maharashtra Regional and Town Planning Act, 1966, on an application for permission for development, the planning authority acts by order in writing. Which is the incorrect statement? (a) Grant the permission, unconditionally (b) Grant the permission, subject to certain conditions, with approval of the state government (c) Any permission granted with or without conditions will be contained in a commencement certificate (d) Every order granting permission or refusal of permission will not be explained or the reasons stated
11. Q11 Under the MLRC, 1966, the Collector may, subject to terms and conditions, grant permission for erection of the farm building ______ (a) If the area of the agricultural holding exceeds 0.4 hectares and the plinth area of all the buildings shall not exceed 160 square meters (b) If the area of the agricultural holding exceeds 0.4 hectares but does not exceed 0.6 hectares and the plinth area of all the buildings shall not exceed 150 square meters (c) If the area of the agricultural holding exceeds 0.6 hectares but does not exceed 0.7 hectares and the plinth area of all the buildings shall not exceed 180 square meters (d) If the area of the agricultural holding exceeds 0.4 hectares but does not exceed 0.5 hectares and the plinth area of all the buildings shall not exceed 160 square meters
12. Q12 Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the collector shall adopt ______ in assessing and determining the market value of the land. (a) The market value, if any, specified in the Indian Registration Act, 1899 (b) The average sale price for similar type of land in the next village (c) The determination of the market value shall be on the date on which the notification has been issued u/sec 11 (d) The average price in the sale deeds shall not be taken into consideration
13. Q13 As per the Registration Act, 1908, registration of Wills is: (a) Compulsory, to be registered within 6 months (b) Optional, and can be registered any time (c) There is no provision to register it (d) Compulsory, to be registered within one year
14. Q14 Under the Maharashtra Stamp Act, 1958, the Stamp duty: (a) is required to be paid on instruments chargeable with duty (b) is required to be paid only on a gift deed (c) is required to be paid only on a lease deed (d) is required to be paid only on a sale deed
15. Q15 Any person who for the time being is paying, or is liable to pay, the owner the rent or any portion of the rent of the land or building for which rent is payable; an owner in occupation or otherwise; a licensee in occupation of land or building; a rent free tenant; any person who is liable to pay damages in respect of occupation, is ______ (a) Owner (b) Occupier (c) Lessee (d) Lessor
16. Q16 Under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, the Ceiling area fixed on 26th January 1962: (a) It is liable to fluctuations with the subsequent increase or decrease (b) It is not liable to fluctuations with the subsequent increase or decrease (c) It is not applicable to lands in Mumbai (d) It can be changed with the permission of the Collector
17. Q17 When agricultural land is to be transferred to a non-agriculturist for a bonafide industrial use under the Maharashtra Tenancy and Agricultural Lands Act, 1948: (a) The permission is always required for bonafide use (b) The prior permission of the Development Commissioner (Industries) is required only if the total extent of land exceeds ten hectares (c) The Collector can grant permission for land exceeding ten hectares (d) There is no permission required for any amount of land
18. Q18 Under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, with reference to the constitution and reconstitution of tribunals, which of the following statements is false? (a) The tribunal for determining surplus land is called the Surplus Lands Determination Tribunal (b) The tribunal for distributing surplus land is called the Lands Distribution Tribunal (c) There shall be a person who has held a Civil post under the State, called the Chairman of the Tribunal (d) The decision can be taken only by the Chairman and not the members
19. Q19 Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, select the statement which is incorrect: (a) There are special provisions regarding safeguarding Food Security (b) There are special powers in case of urgency to acquire land if required for the defence of India (c) There are special provisions for scheduled castes and scheduled tribes (d) There are special provisions for the landless and refugees who have no land
20. Q20 Under the Maharashtra Rent Control Act, 1999, the definition of a Licensee does not include: (a) A person who is in occupation of the premises under a subsisting agreement (b) A person who is in occupation of a part of a building under a subsisting agreement (c) A person who is in occupation of a part of a building leased to a registered co-operative society (d) A paying guest residing in a building

SECTION II - Descriptive questions, all compulsory (30 Marks - 3 marks each)

1. Q21 Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with reference to the determination of compensation to be paid, answer the following questions: (a) What are the parameters to be considered by the collector in determination of compensation? (b) What are the payments made after assessing and determining the value of the land?
2. Q22 Mention the documents of which registration is not compulsory under the Registration Act, 1908.
3. Q23 Explain the concept of F.S.I. under the D.C. Regulations for Greater Bombay, 1991.
4. Q24 How does the MRTP Act, 1966 control unauthorized development?
5. Q25 Explain the provisions regarding "Record of Rights" under the Maharashtra Land Revenue Code, 1966.
6. Q26 Explain the concept of ceiling area under the M.A.L. (Ceiling on Holdings) Act, 1961.
7. Q27 What are 'Structural Repairs', and what is the procedure for 'structural repairs' under the MHADA Act, 1976?
8. Q28 Under the Maharashtra Stamp Act, 1958, what are the provisions relating to stamping if the instrument is executed outside the State of Maharashtra?
9. Q29 How does the Maharashtra Tenancy and Agricultural Lands Act, 1948 ensure that transfer of agricultural land to an agriculturist is fair and just?
10. Q30 What activities are prohibited within the Coastal Regulation Zone?

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