Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Change of Land use as Industrial in Non-planning areas, DTCP

Querist : Anonymous (Querist) 22 November 2018 This query is : Resolved 
Hi, I have a query as follows...which needs a detailed clarification from you.

We intend to construct a Steel re-rolling mill in 2008 (non-operational now) and approached all concerned departments for necessary approvals. Although receieved all NOC certificates including DTCP/BDO/LPA approval for "Planning permission & Building lincence for Industrial building" after paid all necessary development charges to Local Planning Authority & DTCP (in 2008); the classification of land not been converted, yet.

When we approach DTCP, they said that area comes in non-planning area (Sivaganga Region), which is not in their jurisdiction as they not able to name the Zone as "Industrial". Parallely, we approached Revenue department as well & they also said that they dont have powers to convert as "Industrial" but the local Tahsildar given a Certificate marked that the land is "Dry Land & Not an Agri Land". But the A-Register/Adangal shows only as "Punja Land" where it not solves the issue as the Land Classification in Encumbrance Certificate of TN Land Regn. shows as "Agricultural Land".

Hope you aware that, recently, our Govt passed a G.O. to Change of Land use from Agri to Non-Agri purposes (2017) but it seems for new development. But we already got all development approvals in 2008 itself.

So, I kindly request you to let us know how to change the land use as "Industrial" from "Agri"? Because, none of the "Banker" is not willing to fund Industries, which falls in Agricultural areas.

Thanks in advance.
Isaac Gabriel (Expert) 22 November 2018
Check it with the Town and country planning dept.,
Dr J C Vashista (Expert) 23 November 2018
Anonymous author is not obliged by experts as per rule of this platform.
Besides this, being a commercial query you will have to seek professional services of a local prudent lawyer.
Querist : Anonymous (Querist) 24 November 2018
Hi, I have a query as follows...which needs a detailed clarification from the Experts. We intend to construct a Steel re-rolling mill in 2008 (non-operational now) and approached all concerned departments for necessary approvals. Although receieved all concurrance / NOC certificates including DTCP/BDO/LPA approval for "Planning permission & Building lincence for Industrial building" after paid all necessary development charges to TN Local Planning Authority & DTCP (in 2008); the classification of land not been converted, yet. When we approach DTCP, they said that area comes in non-planning area (Sivaganga Region, TamilNadu
), which is not in their jurisdiction as they not able to name the Zone as "Industrial". Parallely, we approached TN Revenue department as well & they also said that they dont have powers to convert as "Industrial" but the local Tahsildar given a Certificate marked that the land is "Dry Land & Not an Agri Land". But the A-Register/Adangal shows only as "Punja Land" where it not solves the issue as the Land Classification in Encumbrance Certificate of TN Land Regn. shows as "Agricultural Land". Hope you aware that, recently, our Govt passed a G.O. to Change of Land use from Agri to Non-Agri purposes (2017) but it seems for new development. But we already got all development approvals in 2008 itself. So, I kindly request you to let us know how to change the land use as "Industrial(Non-Agricultural)" from "Agricultural"? Because, none of the "Banker" is not willing to fund Industries, which falls in Agricultural areas. Thanks in advance.
Raj Kumar Makkad (Expert) 19 March 2020
In the form of agricultural land, there is classification of two types of lands. ONE WHICH IS USED FOR THE AGRICULTURAL PURPOSES AND SECOND IS NOT USED FOR THE AGRICULTURAL PURPOSES RATHER FOR ANCILIARY PURPOSES LIKE GARBAGE, BURIAL PLces and so on

Both types of the land if are out of residential area, the same form part of the revenue record, however, its nature is required to be got changed especially for the establishment of the industry/commerce,

Though rules stand changed since 2017, even then you shall get preferential clearance since you have got all other NOCs attached with the land since a long. Classification of the land around your particular land may be a policy decision but you can definitely claim even under the new law on the subject.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :