Plot with out conversion as non Agricultural land

Y V Vishweshwar Rao (Querist) 16 April 2009 This query is : Resolved
A Piece of land out of a Survey Numbers/Agricultural Land is sold by pattedar and the there is no Conversion of Land usage from Agricultural purpose to Non Agricultural purposes .

The sale was 20 years back .

Now there is no lay out to the said plot and no Conversion from Agri land , till now it is recorded as agri land inrevenue records with Revenue Account .

But the Plot is now situated in the Developed Area and in the midst of the Houses cosntrcuted .

Please express your opinions;-

Whether this property/ land /plot can be sold under SARFASI ACT ( Security Act )

Please also refer any citations in this matter

Thanks in advance !

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sanjay singh thakur (Expert) 16 April 2009
Dear Mr. Rao
As per information provided by you the plot in question is now located in developed area so merely it is recorded in land revenue records as agri. land does not make it agricultural land if the same is located in Municipal area of a Town. Moreover C.O is authorised to issue use of any agri. land for resi. purpose or for non-agri purpose. Hence after obtaining necessary certificate the same can be sold under SARFAESI Act. However, I go though the applicable local laws pertaining to the same.

Y V Vishweshwar Rao (Querist) 16 April 2009

Dear Sanjay S.Thakur ji thanks

Some where I have Seen a Judgment , that with out conversion proceedigns by Revenue Competant Authority , and while continuing the land in Revenue Accounts , the Agri. land can not be treeated as Non Agriculture Land .The Sale of Agri land is prohibted udner Sec 31 of SARFASI ACT. I request you to further verify and comment on this issue, to help me .

Shyam Ji Srivastava (Expert) 16 April 2009
Dear Rao Saheb,
you are perfectly right. agri land is not covered under SARFASI Act. Conversion is necessary.

Y V Vishweshwar Rao (Querist) 16 April 2009
Thank You Sir Srivastava !

I am searching for a citation that the agri Land with out cnversion under the local Revenue law can not be treated as non agricultural land, as mentioned above by me .

If any one of you come across such citation please post it / refer it

Thanks !