If an occupant of unalienated land or a superior holder of alienated landor a tenant of such land—
a. which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose, or
b. if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or
c. desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.
The Collector, on receipt of an application,--
may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the State Government; or refuse the permission applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection.
If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgement of the application, or from the date of receipt of the application-- if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2), then within ninety days 1[or as the case may be, within fifteen days] from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions prescribed in the rules made by the State Government in respect of such user.
The following rules Maharashtra land act gives you answer to the query raised:
Continuance of offending unauthorised construction- Where the unauthorised non-agricultural use cannot be regularized under Rule 9, and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State government, subject to conditions (i) and (ii) in preceding rule, and the additional conditions-
(a) that the holder shall pay a composition fee not less than fifty percent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater 2[and]
(b) that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder’s risk and costs:
3[Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition(a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State government, reduce the amount of composition fee payable by the holder under condition(a) to such extent as he may think fit.]
4[Explanation- For the purposes of Rules 8,9 and 10 of these rules, the expression “forty times the non-agricultural assessment on the land” means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural user.]
On regulation sanad to be granted- When any unauthorised non-agricultural use permitted to be continued under Rule 9 or 10, a sanad in the form in Schedule VI shall be granted to the holder.