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puns (engineer)     19 April 2013

Question: construction on agricultural land?

 

Dear Friends,

I have a question,

Suppose there is a builder who has purchased an Agri land in Maharashtra legally (he is a farmer) with all the papers clear like 7/12, Kharidi Khat, construction NOC from Gram panchayat.

Now what if he builds small houses in that land & sells them to non-farmers? is it legal?

If a non-farmer purchases this house, would that be considered a legal transaction ?

Will that house be transferred on non-farmer's name in 7/12 in future,

if electricity meter, gharpatti etc is on non ?

Please provide your detailed answers.

Thanks!



 12 Replies

advocate praveen (prop.)     19 April 2013

Dear,

If any person sale / purchase agri land it can be use for agri purpose.  But if the land use has been changed from agri than it can be sold to the any person without any objection.

regards

1 Like

puns (engineer)     19 April 2013

Thanks Praveen Ji,

One more Q:

This application of land conversion from agri to N.a needs to be done during under construction of house or it can be done once the people start living there ?
 

What if a builder applies for NA, once people start living in those new houses which are on Agri land?

bhagwat patil (Property due diligence 9422773303)     19 April 2013

Land should be converted to NA before use of land.
1 Like

puns (engineer)     23 April 2013

Dear Bhagwat Sir, 

What is the N.A procedure if the plot is just 8.9 Guntha.

I have heard somewhere that minimum land requirement is 10 Guntha for applying for N.A?

For this 8.9 Guntha builder has got a Local GramPanchayt Permission & NOC for the construction..Is this legal then?

Thank you for your time!

Adv k . mahesh (advocate)     23 April 2013

the municipality has to give the permission and the papers has to be seen 

if the jurisdiction comes under grampanchayat then he can obtain but how much is the extent of land 

1 Like

bhagwat patil (Property due diligence 9422773303)     24 April 2013

NA ie non-agricultural status of land can be obtained only from collecter of the district under sec44 of MLRC.if you land has approach road ,and the land is located in R zone ,you get NA order by due process after lay out sanction by town planning dept. and NOC from various depts.local gram panchayat can only sanction the building plan on NA plot for construction.area of plot doesn't matter.

1 Like

puns (engineer)     24 April 2013

Sir,
Extent of land is 8.9 Gunthas (Agricultural)...

bhagwat patil (Property due diligence 9422773303)     24 April 2013

If it fulfills requirements of sec 44 MLRC code. You will get NA.

bhagwat patil (Property due diligence 9422773303)     24 April 2013

The following info.will clear all que. about NA..... Land can be called non agricultural land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation. Under section 44 of the Maharashtra Land Revenue Code 1966, before carrying out any development on the land, an eligible person has to apply to the collector for the permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose. Form of application for permission to convert use of land- Every application for permission for the conversion of use of land from one purpose to another as provided in Section 44 is required to make in the form in Schedule I to the Collector. Document required to attached with the application form For obtaining N.A. Permission, applicant has to attach documents as mentioned below: Prescribed form duly filled in duplicate with court fee stamp of rupees 5/- Extract of V.F. 7/12 and its 4 zerox copies, Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question….one set, If record is not available in revenue office, a certificate from the Revenue Officer stating theirin that the same is not available with him. (Talathi or Tahasildar as the case may be), Extract of village form 8 A….one copy, Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office, 8 copies of site plan and 8 copies of *building plan (*if permission is asked for constructing building), If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6 , If the land in question is abutting EW, NH or SH, copy of the NOC from Highway Authorities or other appropriate authority, NOC from concern Grampanchyat/Municipal councils, If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached, If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permission received under section 43/63, No dues certificate from farmer’s co-op society, Certificate received from the Talathi stating therein that the land in the question is not under acquisition. Any other documents such as NOC and clearance certificate etc, if the land attracts provisions of some other laws If temporary permission is already granted for layout and application is made for final permission under the circumstances, then please attach the below documents: Copy of temporary NA order permission Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc. 8 copies of the Architect’s plan extract of V.F. 7/12 and its 4 zerox copies and Copy of the mutation entry (V.F. 6) related to the temporary NA permission. The Collector has to follow the procedure as mentioned below for granting permission to convert the use of agricultural land for any non-agricultural purpose or to change the use of land from one non-agricultural purpose to any other non-agricultural purpose:- Collector has to send a copy of one application form to the concerned Tahasildar for collecting detailed information of the land in question. If the area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them with reference to acquiring the building permission. When there is no Municipal Corporation or Municipal Council, the applicant has to submit a “No Objection Certificate” to the Collector, which is to be acquired from the Gram Panchayat of the village, for the change of use of land. If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act 1966, the Collector shall grant permission in confirmative to Development Control Regulations prepared by planning authorities and special planning authorities. In addition to the Development Control Regulations prepared by the planning authorities and special planning authorities (which are the instruments of regulating development), there are other laws, rules & regulations, policies as well which aid the development control efforts. There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety. The collector is required to consult the authorities dealing with these subjects. These authorities may give clearance for development under some conditions; these conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose. List of some of the authorities .functioning important role In Development Control are given below. Town Planning Department: Health Department The Mumbai Village Panchayat Act, 1958 Laws Related to Development Along Roads Mumbai Highways Act, 1955 National Highway Act 1956 Environment (Protection) Act, 1986 Indian Forest Act, 1927 Forest Conservation Act, 1980 Maharashtra Acquisition of Private Forests Act, 1975 Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984 For more details of these authorities visit “The other Development Control Authoritie
1 Like

ROHAN ATHIKARI   29 June 2016

HI

i have a 24 guntas of land ,which comes under red zone ,(not yet converted) i need to construct a house of 3000 sft ,what is the procedur i need to follow? 

 

regards

Jayesh Masurkar   26 February 2017

What is the procedure to convert Agriculture Land to Non Agriculture Land

The Techies (Student)     28 August 2017

Originally posted by : Jayesh Masurkar
What is the procedure to convert Agriculture Land to Non Agriculture Land

 

Kindly refer this link - 

https://landsofmaharashtra.com/nonagriculturalland.html


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