The agricultural sector is growing and highly protected in India. Those owning agricultural land are not allowed to use it for any purpose, including residential, commercial, or industrial use. In case one wishes to use the land for anything other than what does not fall in the mentioned category, a due legal process is expected to be followed - such as converting into residential use, formally known as land-use conversion.
If done otherwise, it is a punishable and illegal offense under the Land Reforms Act which could mean (depending on the state), imprisonment or fine up to Rs 10 lakhs, or even both.
So what is the process of converting agricultural land into non-agricultural land? Let’s find out!
Converting Land; Agricultural To Non-agricultural Land
The authority to allow land use to change is usually decided by the district revenue department or the planning body. The land being the subject in India, the laws to change are formulated by the state and enforced across that state. On the other hand, in case tracts of the land are converted for purposes other than farming, the one owning the land has the right to reach out to an authority higher than the revenue department or the planning body.
Particularly in Karnataka, the commissioner of the land revenue department is the authority for granting land conversion approvals.
Documents Needed To Convert An Agricultural Land To A Residential
Listed below are the documents needed by the owner when choosing to convert the agricultural land for residential purposes-
Proof of identity
Sale deed copy
RTC
Partition deed copy
Mutation copies
Nil-encumbrance certificate
7/12 extract
NOC from the municipal council or gram panchayat
Survey map
Land utilisation plan
Portability of water certificate
Project report (for housing projects)
Receipt of payment of land revenue
Applying For Land-use Conversion Online?
At present, most Indian states allow currently online managed farmland conversion by using the official portals of the states with copies of the requested documents (see the list above). States that allow online land-use conversions include Karnataka, Andhra Pradesh, Punjab, Rajasthan, Haryana, West Bengal, etc.
How Much Time Does The Conversion Of Land From Agricultural To Non-agricultural Take?
Solely depending on the state from where you apply, it usually takes about anything between three and six months for a conversion certificate. Please note, that this is considering the documents are up to date, verified, and authenticated.
To Conclude: Dos And Don’ts During A Land-use Conversion
The application is expected to get rejected in case of any involvement of the encumbrances. This is why the host is expected to make sure all dues and mortgages against the land in question are paid.
In case of multiple owners of the land. In this case, all owners are expected to submit their ID proofs, along with the proof of their ownership of the land.
Presence of a time limit within which the conversion must take place. In case the timeline is breached, the owner could lose the right to change the land use.
If there are penalties imposed on the owner, s/he used the land for anything other than one mentioned in the conversion application.
Missing the fee payment receipt as it acts as proof of the conversion. Not only is it expected to be kept safe up until the conversion certificate is issued, but also to be kept safe for future reference.
In the case of housing projects, the developers along with the individual owners must submit their documents when applying for land-use change.
Although NRIs are not allowed to purchase land in India, they must be within their rights to make the purchase. In a case where the land is converted for residential purposes following due process.
** FAQs**
Can an owner build a home on agricultural land in India?
Yes! Residences are allowed to be built on agricultural land. Nevertheless, this can only happen once the legal legitimate conversion process is being followed and the land has obtained approvals from the concerned authorities.
Is an NRI allowed to purchase agricultural land in India?
As per the law, they cannot buy agricultural land in India. However, certain practices can be looked into for the same.
Can you apply for a conversion of agricultural land use for a residential in Karnataka?
Yes! Karnataka amongst the other states in India allows the owner to convert land for residential purposes, given the formalities are taken care of.
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