Sale of agricultural land
Debasish
(Querist) 30 August 2012
This query is : Resolved
sir,
i joined in the govt. service in the state west bengal as assistant engineer (agri- irrigation) in 02.09.2005 at the age of 25. my father bought an agricultural land on 2.5 bigha in my name on 31.01.06 which was 7 km far away of our home. at my tender age i didn't know that the procedure should need departmental permission. when i came to know about this fact the time for seeking permission was over and i used to mention that property in my statement of assets from 01.01.07.
afterthat, it became a headache to keep that property in good condition as the piece of land was surrounded by a huge portion of agriculral lands of broker communities. so we wanted to sell the land in minimum price. but, due to that positional disadvantage no willing person was eagre to buy that land. but suddenly we got an willing person and he wanted to complete the formatities within a very short time. i intimated to my department of water resources investigation and development about the fact and sought for permission to sell that land on 01.01.12. to avoid the headache to keep that land further and due to the urgency of the willing party, i had to sell the land on 15.06.12 in Rs. 5 lakhs total and sought for post- facto approval to sell that land with all necessary document.
now, my questions are as follows:
1) can i get post facto permission of selling that land for which i didn't take permission at the time of buying?
2) is there any rule exists in west bengal that any person other than cultivators can buy or sell agricultural land?
Sudhir Kumar, Advocate
(Expert) 30 August 2012
Ther eis a differnce betrween permission and intimation. Permission is needed if the transaction is with a person with whom you have official dealings.
In such cases the deptt can note the transactin ex-post facto.
