Unlocking Urban Potential: Maharashtra’s Land Reform Revolution
By Adv. Mukessh Bajirao Zende
Pune, 16th February 2026: The Maharashtra Government’s recent decision to amend the stringent provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (commonly known as the Fragmentation Act) for urban and non-agricultural areas marks a historic, pragmatic, and citizen-centric reform. This long-awaited amendment seeks to regularize nearly six decades of land transactions that existed in a legal grey zone, offering relief to millions of property holders while providing a much-needed stimulus to the State’s real estate ecosystem and planned urban development.
Originally, the Fragmentation Act was enacted with a clear and progressive intent to prevent agricultural land from being divided into uneconomically small parcels, thereby ensuring efficient and sustainable farming practices. However, as Maharashtra underwent rapid urbanisation, particularly around major cities and emerging development corridors, the rigid application of this agricultural-centric law in urban and semi-urban areas became increasingly impractical. Land that had long ceased to be agricultural in nature continued to be governed by restrictions meant for rural farming, resulting in widespread legal inconsistencies.
For decades, citizens purchased small plots, often measured in Gunthas, for residential or small commercial use. Although such transactions were commonplace and socially accepted, they technically violated the Fragmentation Act. Consequently, these transactions could not be properly reflected in the crucial 7/12 land records, frequently carrying adverse remarks indicating violation of the Act. This led to chronic ownership uncertainty, preventing property holders from obtaining clear title, accessing institutional finance, or freely transferring their assets.
The recent amendment decisively addresses this historical imbalance. By permitting free regularisation of transactions carried out between 15 November 1965 and 15 October 2024, the Government has taken a bold step towards legal clarity and social justice. Approximately 59 to 60 lakh families are expected to benefit, as rightful ownership will now be formally recognised through updated land records, removing decades-old legal stigma attached to such properties.
The ripple effects of this reform are significant. Clear and marketable titles will unlock substantial “dead” or trapped capital, enabling property owners to sell, mortgage, or develop their land without fear of legal impediments. This, in turn, will enhance liquidity, transparency, and confidence in the real estate market, particularly in rapidly developing regions governed by planning authorities such as PMRDA and MMRDA.
From an urban planning perspective, the amendment aligns land law with ground realities. By exempting non-agricultural land within planned development zones, the Government is encouraging lawful, organised growth while discouraging informal and unauthorised constructions. Equally important is the administrative impact, waiving earlier penalties of up to 25% of market value reduces bureaucratic friction, discourages rent-seeking practices, and promotes voluntary compliance.
Economically, the reform is expected to generate long-term benefits through increased stamp duty collections, property tax revenues, and enhanced investment confidence. While some concerns have been raised about indirect benefits to developers, the overarching objective remains citizen welfare and regulatory rationalisation.
Ultimately, this amendment represents a decisive shift towards citizen-centric governance and modern land administration. Its success will depend on transparent implementation and robust standard operating procedures by the Revenue Department. If executed effectively, this reform has the potential to redefine urban land governance in Maharashtra and set a benchmark for other states to follow.
