Sandeep K Singh (Business) 03 February 2010
Mohammad Haider (HEAD- LEGAL AND REGULATORY) 11 February 2010
Dear Sandeep, In case the Land in question falls in the Agricultural Category, the minimum land which can be purchased / transferrred is 3.14 Acres , as per the U.P.Z.A. & LR Act. Any land which is less than this would be a "fragment" , and would vest in the State, and your interests would be seriously effected. The minimum area of 3.14 Acres is slightly more in the Areas of Bundelkhand etc. The Legislative intention behing this rule of minimum area of 3.14 acres (Maximum area in the name of single person is 12.5 acres) is the consolidation of land holdings, as , fragmentation of holdings may seriously effect the agriculture, and the State of UP, being primarily an agriculturist State cannot Simply let go the sale of agricultural lands in fragments.
Rule 143, as quoted by you is actually Section 143 of the U.P.Zamindari abolition ad Land Reforms Act, which authorises the Assistant Collector/SDM of the area to change the nature of a land from agricultural to residential. This change in the nature of the land is considered aither suo motu, or on the request of the party, whereupon, a survey of the land is conducted by the Lekhpal (A revenue official at the grassroot level) , and then he sends his report to the SDM concerned , with the endorsements of Tehsildar. If the SDM is satisfied from the report, he, in turns, passes a declaration under Section 143 , converting the landuse. This declaration, in turn, is sent by the SDM to the Sub Registrar of the area concerned , who registers it free of cost. The Process concludes with this.....should you require any further assistance, feel free to contact me.
Sandeep K Singh (Business) 11 February 2010
Thanks a lot for your reply. I got a lot of clarity form your reply. I would further appreciate if you can address following points as well..
1. Can I Purchase the land area of 2700 Sqft out of Arazi land and build the residence on it if Approval of MAP will be done from Development Authority?
2.Do I still need to convert the land use of above or juts get the registry done as Residential plot?
Vikas Dixit (Advocate) 03 August 2014
Myself, Vikas Dixit, wants to purchase a plot in Lucknow. The owner of the land belongs to SC category but land is 143 converted. Can I be able to register that land successfully. Can I be able to resell that plot if I want to sell in future. Please tell me helpfully.
faisal hussain (technician) 22 September 2014
aksinha 07 July 2015
Dear Haider Sir, A colonizer buys a large piece of Agricultural Land from a farmer in Greater Noida. Colonizer did plotting and sold 50, 100, 200 sq yd plots to buyers as free hold land. The stamp duty charged by the Tehsil Office is as per Circle Rate for Residential property.
Is declaration under section 143 required in this case. Shall be grateful for a reply.
Secondly, the Coloniser took the extra money market rate (which is double the Circle a Rate) in Cash( not cheque). Can a case be filed against him, without any harm to buyer, for not paying stamp duty as per actual market rate.
manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK) 28 April 2016
my question is simple
conversion of land ...agricultural to non agricultual is necessary if land is situated in notified area or under nagarpalika for the purpose of mortguage ??
Sanjeev (Proprietor) 21 January 2018
dear sir, I like to purchase a property in heart of city, the land use shows in master plan as PARK area. but their is already 40-50 commercial buildings as well as residential.is their any procedure to get approval of plan. I am ready to pay any fee to govt. for change of land use.
Anoop Singh 09 March 2018
Land owner is SC person in lucknow (UP). His land is converted to non agriculture land by section 80 of UP revenue code 2006. Being a general candidate, can I legally buy a part of it to build my house or sell it in future if needed ?