Complete Guide to Agricultural Land Conversion to Residential

Residential, commercial, & industrial sectors have been created on agricultural land as a result of urbanization. The fact that numerous state governments have modified laws over the past few decades has also aided this process. In the majority of states, it used to be prohibited to convert arable land (used for farming) into a residential property. The government has since modified its rules to permit this, though. For instance, the UP Government amended Section 143 of the "Zamindari Abolition and or Land Reforms Act" in 2014. Nearly all of the amendments to the statute were designed to allow for construction on productive property by real estate developers.
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In order to facilitate the conversion of agricultural land to residential space, the Karnataka government even altered section 95 of the Karnataka Land Revenue Act in 2022. This will enable land conversion based on a self-declaration within three days. But even now, only arid or bare ground is frequently chosen for conversion. Before it may be allowed, the land must also be situated in a region that is suitable for human habitation.
India's conversion of agricultural land to housing

Each state has its own set of regulations governing the conversion of agricultural land to residential space. You must speak with either the district revenue department or the planning authority, depending on which state you want to change the land into. If you want to convert a significant portion of agricultural property to homes, you may need to speak with a higher authority than the tax office or the planning office in certain circumstances.
Landowners in states like Uttar Pradesh, Karnataka, Rajasthan, and Maharashtra are required to visit the city revenue offices. Owners of up to 2,500 square metres of land in Rajasthan, however, are required to communicate with the tehsildar. The owner is required to obtain authorization from the subdivisional official for plots larger than that (but not exceeding 10,000 sq. m.). People typically obtain authorization for larger lengths from the collector or the Rajasthani state government.
The Odisha Land Reforms (Amendment) Act of 1960 permits the tehsildar or subcollector to approve any changes to the use of fertile land. The commissioner of the land revenue department converts land in Karnataka. The divisional revenue officers, or tehsildars, in Andhra Pradesh are in charge of doing this. The subdivisional officials in Bihar also approve the change in land use. In a similar fashion, the Uttarakhand Zamindari Abolition and or Property Reforms Act regulates the conversion of agricultural land into residential land (ZALR Act). Changes in the use of land in Delhi are permitted by the DDA, or Delhi Development Authority.
In other states, landowners can petition to the collector, commission, or district magistrate to change how their land is used if no one has been given the authority to do so. Many states have also established an online system or platform to make it simpler to change how land is used, including Andhra Pradesh and Karnataka.
Documents Required for Agricultural Land Conversion to Residential
Even though the laws vary from state to state, having the appropriate paperwork is essential when converting land from agricultural to residential usage.
The owner must supply the following paperwork after applying in order to make a pertinent application:
Evidence of the owner's identity
Rights, tenancy, & crops records
Deeds of sale and mutation
Deed of gift partition (in case of inheritance of land)
Certificate of nil-encumbrance (NEC)
A gramme panchayat or municipal council certificate of no objection
A 7/12 extract showing who owns the land
Map of the survey
Plan for using the land
Payment for land revenue received
Undertaking report (for housing projects)
Payment of land revenue received (tax)
Water certificate portability
The Department of Revenue is where you may get the majority of these land records. A one-time conversion fee, which varies from state to state, is also required to be paid.
Apply for Agricultural Land Conversion to Residential Land Online?
You can submit an online application for land conversion on the official websites of various Indian states. You can visit banglarbhumi.gov.in to convert land online in West Bengal. You can visit the Bhoomi portal or landrecords.karnataka.gov.in if you're in Karnataka. Visit the Dharani webpage in Andhra Pradesh.
Points to Keep in Mind Before Converting Your Land
Here are a few things to think about before converting your land.
Always check to see if the title to the land is free and clear of any competing claims. Check the IDs of all property owners if there are multiple owners.
The procedure has a deadline that must be met. The land conversion procedure will need to be restarted if the deadline is not met.
The conversion application from agricultural land to non-agricultural land will be instantly refused if there are any encumbrances, dues, or mortgages on the property.
It's illegal to use the land for anything besides what the conversion applicable specifies.
NRIs (non-resident Indians) are not permitted to own agricultural land in India unless they can legally alter the land's use.
Keep the fee payment receipt safe because it also acts as evidence of conversion.
The applicant will not get the land conversion certificate until a future date that has not yet been determined. To get updates, get in touch with the appropriate authorities.
Conclusion: Residential Development on Agricultural Land
Residential land conversion requires following the correct legal procedures and laws. Along with abiding by zoning laws & land use regulations, it is crucial to take into account the effects on the environment as well as the neighbourhood. Legal advice and thorough research can assist you manage this procedure' legal complexities.
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