Use of agricultural land for industrial use
dipak
(Querist) 12 December 2012
This query is : Resolved
I am from shegaon town in maharashtra.I hold 17 'R' (17 guntha) land outside municipality area.I am running a tyre retreading factory on this land.
In 2007, sub divisional office of maharashtra revenue department had served me the order stating that i was using agricultural land for non agricultural purpose and a fine was imposed on me.I was told to pay the fine and get the land regularised for further non agricultural use. subsequently, i paid the fine and enquired with tahasil office about the regularisation process. but,the general guideline I got was that my land had become non agriculture and i need not do anything.
Recently ,a new village revenue officer is threatning me to send a report regarding my non agri use. when i told her that i have a N.A. order of sub divisional office, she says that it was a temporary order only and I have not regularised it within time limits.If going her way,another fine may be imposed on me.
But then i visited the maharashtra revenue
dept website,and found that if govt do not have any special scheme coming up within that area ,then one do not need
any permission for using agri land for industrial use.
I need a detailed guideline about this ,and request all experts to provide me the guideline. Also ,will I be required to pay fine once again,inspite of it been paid by me earlier
Dipak Gandhi
Shegaon Town
buldana dist
maharashtra
ajay sethi
(Expert) 12 December 2012
THE MAHARASHTRA LAND REVENUE CODE. 1966
42.Permission for non-agricultural use.
No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed
for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the
same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the
grant or permission for non-agricultural purpose, except with the permission of the Collector.
44.Procedure for conversion of use of land from one purpose to another.
(1)If an occupant of unalienated land or a superior holder of alienated land or a tenant of such
land--
(a)which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural
purpose, or
(b)if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another
non-agricultural purpose, or (c)desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation
of any of the conditions imposed at the time of grant of land or permission for such nonagricultural purpose, such occupant or superior holder or tenant shall, with the consent of the
tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for
permission in accordance with the form prescribed.
dipak
(Querist) 12 December 2012
thank you for your reply, Ajayji
But, this land is not used for any other non agri purpose,but for industrial purpose.
what I understand from revenue dept website that it has made some amendment in rules for
use of agri land for industrial purpose.as per this ,no permission is needed for using
agri land for industrial purpose. One has to only intimate the dept about this rule.
In my case,dept is aware of my industrial use, as it has imposed fine on me ,once for this use.It has also advised me to regularise this land for non agri use in future. so, how come it starts a new case against me /
But ,all above is my understanding of mater.But, is it
the correct perception on my part ?
And this is what i wish to know.
dipak Gandhi
Raj Kumar Makkad
(Expert) 12 December 2012
Dipak! Your understanding that there is no requirement to obtain permission for the change of land use for the industrial purpose from agricultural use has no base of law at all. There is no such scheme/rule/notification of either of the Governments in India so get the regularization of land use as per rules governing in your particular State.
prabhakar singh
(Expert) 12 December 2012
AGREE WITH MR. MAKKAD WITH ONE CORRIGENDUM THAT HIS WORDS "of either of the Governments in India " MAY BE READ AS "any of the state governments in India"
Raj Kumar Makkad
(Expert) 12 December 2012
Thanks Mr. Singh for correcting my words.
ajay sethi
(Expert) 12 December 2012
as per proviison of maharashtra land revenue code you cnanot use agricultural land for industril purposes without permission of collector . make an application in writing to the collector . let him mention in writing that you can use it for industrial puproses and no permission is required
Raj Kumar Makkad
(Expert) 12 December 2012
The querist also belongs to Maharashtra and even then he is claiming non-permission without citing relevant rules.
