Response

You will need to make an application which should be in prescribed Form-I for Land Reforms tenanted Lands and Form No.21A for Patta lands and it should be submitted to the Tahasildar concerned.

In India, land is a state subject, and, consequently, laws governing it are different in each state. Depending on the state you reside in, you have to approach either the revenue department or the planning authority in your city to convert your agricultural land for residential purposes. In states such as Maharashtra, Karnataka, Rajasthan and Uttar Pradesh, for instance, land owners have to approach the revenue departments of their cities for the conversion.

This prerequisite has been done away with. Under the provisions of the Odisha Land Reforms (Amendment) Act, 1960, land owners can convert the land use of fertile land also after seeking an approval from the tehasildhar/sub-collector.In Karnataka, the commissioner of the land revenue department is the authority to grant land conversion approvals. In Andhra Pradesh, tehsildars and revenue divisional officers are authorised to grant approval for this purpose. In both these states, one can apply online for land conversion.

The person seeking conversion will have to provide a long list of documents along with an application, in which they have to specify for what purpose they are seeking the land-use conversion, apart from mentioning all the details pertaining to the said land parcel.Some of the documents that the applicant will have to produce along with the application include:

Identity proof
Sale deed
RTC (record of rights, tenancy and crops)
Partition deed (in case the land has been inherited)
Mutation documents
Survey map
Receipt of payment of land revenue, etc.

In case you do not have all these documents, you could approach the revenue department of your city which keeps all maintains these records.Do note here that before you apply for the conversion, you have to ensure all the bills/taxes pertaining to the land have been paid. The land should also be free from any legal encumbrances to get the approval.

Reference: Unless one has received the permission to use his agricultural land for residential use, doing so is illegal and punishable under the provisions of state laws. For example, under the Delhi Land Reforms Act, 1954, the use of agricultural land for non-agricultural purposes in Delhi without permission, can lead to imprisonment of up to three years, or a fine of up to Rs 10 lakhs, or both. According to an amendment made in the law, properties used for non-agricultural purposes without permission, could also be auctioned by an official having authority over the area.

The authority to allow land-use change is vested in the district revenue department or the planning body. However, note that as land is a state subject in India, laws governing the land-use change are formulated by the state and are enforced in letter and spirit across that state. In case vast tracts of agricultural land have to be converted for purposes other than farming, the owner may have to approach an authority higher than the revenue department or the planning body.

In Uttar Pradesh, the authority to allow conversion of agricultural land for residential purposes is vested in the revenue department. In Jharkhand and Bihar, the power to allow land-use change is vested in the sub-divisional magistrate (SDM) of the area.

While the commissioner of the land revenue department is the authority to grant land conversion approvals in Karnataka, the tehsildars and revenue divisional officers are authorised to grant approval for land-use change in Andhra Pradesh. In Odisha, the tehsildar/sub-collector is the authority concerned, for allowing land-use conversion.

In Rajasthan, the owner has to approach the tehsildar, to get his agricultural land converted for residential use, if the area does not exceed 2,000 sq metres. The same owner will have to approach the sub-divisional officer, if the area does not exceed 4,000 sq metres. For areas exceeding 4,000 sq metres, the owner should approach the district collector.

In Punjab and Haryana, the town planning department is responsible for granting approval for land-use change. Under the Maharashtra Land Revenue Code rules, owners have to apply to the collector, for the permission to convert the use of agricultural land into non-agricultural purposes. In Delhi, the Delhi Development Authority (DDA) allows land conversion.

202100333-20210042-15631

LAWAYZ-2023-244