Procedure to Change Land Use from Agricultural to Non-agricultural

Last Updated at: October 16, 2020
36217
It will take the initiative and, perhaps, on the model of the GST Council set up a Council of Centre-States to research the intricacies of agricultural income taxes as citizens use it on tax evasion non-agriculture profits.

 

A non-agricultural land is a developed land or barren land, unfit for cultivation. If you own an agricultural land and want to erect a building for residential or industrial or commercial purposes by conversion, it is possible. Law does not otherwise permit any kind of construction on an agricultural land.

CHANGE OF LAND USE PROCESS

The general guidelines are as provided under, but it is to be noted that there is no uniform law for the whole of India in this regard. Each state has its own act & rules with minute disparity.

APPLICATION

The primary step for land conversion is getting the approval from the competent revenue authority i.e. Collector/ SDO/ Tehsildar. An application has to be sent to the competent authority for ‘change of land use’ explaining the purpose of such conversion. The application shall comprise of:

  • Certified copies of land records :
  • Record of Rights and Tenancy Certificate (RTC)
  • mutation letter
  • original sale deed (or gift partition deed)
  • latest paid tax receipt
  • Certified copies of Land map (from Tehsil/Taluk Office)
  • Certified measurement plan of Land Survey (from District Inspector of Land records)
  • Copies of Layout, Site plan and Building Plan duly signed by an architect
  • Appointment letter of Architect and Registration Certificate of Architect
  • NOCs from authorities (as applicable – Grama Panchayat/ Municipal Corporation/Highway authority/ PCB (for industrial))
  • Certificate from Patwari/ Talati that land in question is not under Acquisition

FEE

A requisite fee depending upon the area, nature and location of the property needs to be paid. The fee charged is as per the rule prescribed by Land revenue rules of the concerned state.

Ask for Free Property Advice

DUE DILIGENCE BY COMPETENT AUTHORITY

An enquiry will be conducted by the sub divisional officer/ Collector to whom the application has been previously submitted. The enquiry will be include:

  1. Land information from Tehsil Office on ownership, type, area and encumbrances if any.
  2. Site visit by Circle office to look into the following matters :
  • To see if the land is vacant
  • To check that there are no existing structures
  • Alignment of high tension electrical lines
  • Disputes

3. Verification from Land Acquisition Department, PCB, other authorities.

CONSULTATION WITH PLANNING AND DEVELOPMENT AUTHORITY

The planning and development authority looks into the following:

  • Master plan if within Development Control Regulations.
  • In compliance with Building Bye Laws
  • Forest zone, Coastal Regulation zone, Heritage zone restrictions etc.
  • Any other objections

Objections by the planning and development authority are submitted in writing to the Collector/Sub Divisional officer.

GRANT OF APPROVAL

Once the competent authority is satisfied that the prescribed conditions have been met with, Change of Land Use approval can be granted subject to the following conditions:

  • Applicant has paid applicable Change of Land Use charges.
  • Applicant abides by all conditions as imposed by the competent authority and other Development authority & Bye Laws.
  • Land shall not be used for any other purpose

Applicant should commence the NA use within 1 year from the date of order i.e. the leveling of land, demarcation etc. The Applicant should also inform Tehsildar about the change of Land use within 30 days from the date of order. The Tehsildar then makes changes accordingly in the land records. Each state has its own legislations which deal with land conversion. For example: S.95 of Karnataka Land Revenue Act 1966; The Gujarat Land Revenue (Amendment) Act, 2017 etc. It is to be noted that the procedure will vary slightly as per the rules of each state.

 

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Procedure to Change Land Use from Agricultural to Non-agricultural

36217
It will take the initiative and, perhaps, on the model of the GST Council set up a Council of Centre-States to research the intricacies of agricultural income taxes as citizens use it on tax evasion non-agriculture profits.

 

A non-agricultural land is a developed land or barren land, unfit for cultivation. If you own an agricultural land and want to erect a building for residential or industrial or commercial purposes by conversion, it is possible. Law does not otherwise permit any kind of construction on an agricultural land.

CHANGE OF LAND USE PROCESS

The general guidelines are as provided under, but it is to be noted that there is no uniform law for the whole of India in this regard. Each state has its own act & rules with minute disparity.

APPLICATION

The primary step for land conversion is getting the approval from the competent revenue authority i.e. Collector/ SDO/ Tehsildar. An application has to be sent to the competent authority for ‘change of land use’ explaining the purpose of such conversion. The application shall comprise of:

  • Certified copies of land records :
  • Record of Rights and Tenancy Certificate (RTC)
  • mutation letter
  • original sale deed (or gift partition deed)
  • latest paid tax receipt
  • Certified copies of Land map (from Tehsil/Taluk Office)
  • Certified measurement plan of Land Survey (from District Inspector of Land records)
  • Copies of Layout, Site plan and Building Plan duly signed by an architect
  • Appointment letter of Architect and Registration Certificate of Architect
  • NOCs from authorities (as applicable – Grama Panchayat/ Municipal Corporation/Highway authority/ PCB (for industrial))
  • Certificate from Patwari/ Talati that land in question is not under Acquisition

FEE

A requisite fee depending upon the area, nature and location of the property needs to be paid. The fee charged is as per the rule prescribed by Land revenue rules of the concerned state.

Ask for Free Property Advice

DUE DILIGENCE BY COMPETENT AUTHORITY

An enquiry will be conducted by the sub divisional officer/ Collector to whom the application has been previously submitted. The enquiry will be include:

  1. Land information from Tehsil Office on ownership, type, area and encumbrances if any.
  2. Site visit by Circle office to look into the following matters :
  • To see if the land is vacant
  • To check that there are no existing structures
  • Alignment of high tension electrical lines
  • Disputes

3. Verification from Land Acquisition Department, PCB, other authorities.

CONSULTATION WITH PLANNING AND DEVELOPMENT AUTHORITY

The planning and development authority looks into the following:

  • Master plan if within Development Control Regulations.
  • In compliance with Building Bye Laws
  • Forest zone, Coastal Regulation zone, Heritage zone restrictions etc.
  • Any other objections

Objections by the planning and development authority are submitted in writing to the Collector/Sub Divisional officer.

GRANT OF APPROVAL

Once the competent authority is satisfied that the prescribed conditions have been met with, Change of Land Use approval can be granted subject to the following conditions:

  • Applicant has paid applicable Change of Land Use charges.
  • Applicant abides by all conditions as imposed by the competent authority and other Development authority & Bye Laws.
  • Land shall not be used for any other purpose

Applicant should commence the NA use within 1 year from the date of order i.e. the leveling of land, demarcation etc. The Applicant should also inform Tehsildar about the change of Land use within 30 days from the date of order. The Tehsildar then makes changes accordingly in the land records. Each state has its own legislations which deal with land conversion. For example: S.95 of Karnataka Land Revenue Act 1966; The Gujarat Land Revenue (Amendment) Act, 2017 etc. It is to be noted that the procedure will vary slightly as per the rules of each state.

 

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A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.