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Can Pvt Ltd Company in Maharashtra buy Agricultural land

Page no : 2

rajesh menon (Managing Director)     22 December 2010

Dear Hemantji,

 

I read all your posts and am grateful to you for your answers. God Bless..it has clarified a lot of aspects to me since i was contemplating buying some agricultural land in Ratnagiri district . I am not a faramer and alothough my purpose was to do farming , especially mango farming i now realize that this is not possible givien our current laws. Just to re-iterate so that i have not missed out all the message trails..what you have essentially put forth in all your replies are as follows:-

 

1. An individual cannot buy agricultural land in Maharashtra unless he/she is clasffied as an agrculturist/farmer as per govt records. And therefore any land purchased could technically be re-possessed by the Govt . am i right in this assumption?

2. However a pvt ltd company can purchase agricultural land in so far as its MOA and AOA define the main objects of the company to be that of doing agricultural activities ? am i right? and that directors need not be farmers. 

3. The company cannot claim any advantages that accrue to farmers from the govt as it is a corporate entity.

 

am i right in these conclusions??

 

warm regards.

 

rajesh menon 

rajesh_menon12@yahoo.com

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 December 2010

for,    Mr. Rajesh Menon :

 

Consider this, in lieu of your query :
1.  The district collector (govt)  on a complaint or suo-motto may initiate an inquiry on the farmers earlier status of the agricultural land buyer (individual).  IF violations of law's are detected, the collector is empowered to seize the land and restore or re-distribute, as per the provisions of various agricultural Acts.


2.  Pvt. Ltd. has to put up a request to the collector alongwith all the relevant documents and get his approval for buying agricultural land. Here the type of agricultural land and the present farmer interest's plus other parameters will have to be considered by the competent authority who may grant permission subject to certain compliance orders.
(Other parameters already explained in detail, in earlier above posts)


3.  Technically, the farmer subsidies, farmer credit cards, loans, free seeds, free bulls, free houses/free borewells, reduced electricity costs and other benefits are given to the Farmer community, for his sustenance or say support for the farmer family,  which in turn sustains millions of other allied people.  A farmer can commit suicide and his family would automatically be entitled to govt. grants.  India is defined by virtue of its farmers and companies are nowhere is the picture, which may foldup overnight.


4.  A Company, being an Non-Person, CAN NEVER be defined as a FARMER or an AGRICULTURIST, hence a farming loan or free seeds or free bulls/cows/goats/houses etc.... are not the purposes or the intentions of the Govt.    The Govt. (as yet) has no subsidy policies for corporate bodies doing agricultural business,  which actually does not benefit the farmers sustenance.  Unfortunately, a company cannot commit suicide.  When a company does agricultural work, it deprives and restricts the farmer privilege's in several ways.


5.  However, there are several companies claiming such farmer benefits & subsidies on the pretex of doing sole-agricultural activities.  So far so good, till the CAG or a JPC gets behind it and starts the spark in the woods. 


6.  IF one wishes to satisfy his agricultural instinct's & urges,then an non-farmer may always procure on long-term lease any  "excess or barren land or non-cultivate'able"  from non-tribal farmers, via a stamp duty paid registered lease deed (worth for anything from one year to 99 years) AND THEN carry out all types of Horticulture (including mango), or Floriculture or exotic vegetables or whatever.


Keep Smiling .... Hemant Agarwal
 

m.arunprakaash (advocate)     07 February 2011

Any person/d can purchase agricultural land in Maharashtra with permission under section 63 Bombay tenancy and Agricultural land Act 1948 from the COLLECTOR. 

Adrian Dsilva (Organic Farming)     19 February 2011

Dear Sir Hemant,

I will understand what you have written in Leagal terms after I go through it over a few times .

My prevalant queries are .

1) My mother had land in Manglaore which she says may not be agricultural land, but i have got the papers from my cousin but it is in Kanada ,which she sold it to my cousine 4 yrs ago & my cousin has transfered it .

I have been told that if one needs to buy Agricultural Land in Mharashtra other than the recent 7/12 you also have to have a "shertkari Dhakla" to transfer the land onto your name .

Is it necessary to have current agricultural landholding to be in a position to buy agricultural land .

2) Is there any provision to buy forest land for futhur agricultural development in the sense to do intercrop farming without changing any structure in that particular part .. Or rather keeping the count of trees the same.
Please advice me on the same .

 

 

Srini (dd)     16 March 2011

Dear Hemantji,

Can Govt acquire(grab) the land belongs to a Pvt Ltd Company using the "land acquisition act" saying the so called public purpose, for example in Andhra Pradesh giving house land for SC/ST ppl? Because of the brutal "land acquisition act" Govt can grab agricultural lands from the formers.

 

Best Regards

Srini



 

m.arunprakaash (advocate)     17 March 2011

Dear mr. Srini,

Govt has right to acquire/takeover any property being movable, immovable, tangible and intangible under art 300 A of the constitution by invoking the DOCTRINE OF EMINET DOMAIN.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     17 March 2011

A pvt ltd is a person and it certaing can buy , hold and resale after development any land of any type in Maharashtra.

m.arunprakaash (advocate)     17 March 2011

Once the agriculatural land is conveted for non-agricultural use, the land uses the charateristic of agricultural status. Then landlaws and land reforms laws does not apply except non-agricultural assessment.

CA VK Dwivedi (Job)     17 March 2011

Co. can buy. But it must not be an Ultra vires. Please read Memorandum of Assoication whether can do this business. Also, Articles of Association in order to know the Right/ duties of Directors.

Dwivedi

Srini (dd)     17 March 2011

Dear All,

So there is no way that we cant protech our farmlands from the land acquisition act .

Regards

Srini

SAMEER DESHMUKH (Student)     15 April 2011

Dear Hemantji,

  Usually, in Sales deed of  agricultural  land, thye mention that farmer is not going to be Bhumi heen after this sale of land as p[er Maharastra Land revenue act.

why it is so and  what if found  it is untrue ?

Gopal Konnur (VP - Projects)     22 June 2011

Dear Hemanthji,

1.Please let me know if a company who is into realestate business purchase agricultural land to develop project and sell the same which can either be agricultural ploting or if we get pocession of 100 acres land planning to go for township.

2. If we get into Agricultural ploting what should be the minimum sizeof plotting to be done so that 7/12 can be given to independent owners - is there any act for the same specifying min size of plotting to be done

Mr Abbas (M.D)     25 June 2011

DEAR AMITJI, I CAN RENT YOU MY FARMING LICENSE 7/12.  I WILL NEVER HELP YOU MAKE FARMING LAND N.A .  OK

REGARDS

ABBAS  +91 9224296972 

Mr Abbas (M.D)     25 June 2011

DEAR ABHIJITJI, I CAN RENT YOU MY FARMING LICENSE 7/12.  I WILL NEVER HELP YOU MAKE FARMING LAND N.A .  OK

REGARDS

ABBAS  +91 9224296972 

Suunilkumar (director)     16 September 2011

Dear Mr.Hemant Agarwal,

Can a Pvt Ltd Company  buy agri land at various places in MS for agricultural farming and R & D purpose.

1]what permission/s is/are  required for Pvt  Ltd company for buying land more than 25 acres.

2] what is 63 1 A permission and 89 permission as per  Land act for buying land in MS.

3] Further we would be glad to know can a pvt ltd company buy a land with a status of “ Navi Shart”


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