Agriculture land for bonafide industrial use
Sumit Khandelwal
(Querist) 12 June 2014
This query is : Resolved
Dear Sir,
Company has purchased an agriculture land in Gujarat for bonafide industrial use. Company has also applied for NA Permission as per Section 63AA of Gujarat Tenancy Act.
Point is said agriculture land, which is being purchased for bonafide industrial use is actually land as per Section 43 of Mumbai Tenancy and Agriculture Land Act, 1948 and is restricted for sale as per section 43 of Bombay Tenancy and Agriculture Land Act, 1948. Section 43 says said land cannot be transferred without prior permission of Collector. Contrary to that Section 63 1-A of the Bombay Tenancy and Agriculture Land Act, 1948 and Section 63AA of Gujarat Tenancy Act says agriculture land can be sold to non-agriculturist for bonafide industrial use without prior permission of Collector.
Now, my question is whether the Company has purchased land in legal manner? Or Company is in default of Section 43? During NA Process the said query is raised.
Please reply with any judgment or with your expert view.. I will put your suggestion before Collector so that I can get NA Permission.
ROHIT SHARMA
(Expert) 12 June 2014
Dear Mr. Sumit Khandelwal,
1. If such agricultural land is within the industrial zone of a draft or final regional plan or draft interim or final development plan or draft or final town planning scheme or even if there is no such plan or scheme as mentioned before or the are has been taken over for the by a private developer for development of special township then of course the permission of the collector is not mandatory.
2. If need for further in leght legal consultation contact this lawyer with agreement to consultancy charges .
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
High Court, Ahmedabad,
(M) - 0-9824047971.
E-Mail : lawgate1349@gmail.com
Hemant Agarwal
(Expert) 19 June 2014
1. No Agricultural Land can be purchased by any Corporate Body, without PRIOR due permission from the zonal Collector / Revenue dept., irrespective of anything.
2. IF a Corporate Body has already purchased the Agricultural Land, without PRIOR due permission from the zonal Collector / Revenue dept., THEN the Land can simply be seized and restored back to the original owner and/or distributed to land-less tillers.
Read the following link, for basic details:
http://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
ROHIT SHARMA
(Expert) 19 June 2014
Dear Mr. Sumit Khandelwal,
1. You are not a corporate but a Trust.
2. I have studied the various legal sections that you have mentioned especially 63AA of Gujarat Tenancy Act.
3. This section is also read by you in the right perspective i.e. "Point is said agriculture land, which is being purchased for bonafide industrial use is actually land as per Section 43 of Mumbai Tenancy and Agriculture Land Act, 1948 and is restricted for sale as per section 43 of Bombay Tenancy and Agriculture Land Act, 1948. Section 43 says said land cannot be transferred without prior permission of Collector. Contrary to that Section 63 1-A of the Bombay Tenancy and Agriculture Land Act, 1948 and Section 63AA of Gujarat Tenancy Act says agriculture land can be sold to non-agriculturist for bonafide industrial use without prior permission of Collector. ".
4. If you need to have more personal verbal consultation then contact this lawyer agreeing to pay consultation remuneration.
Regards,
Adv. Rohit Sharma.
(M) - 0-9824047971.
Ahmedabad.
