Siva (Consultant) 24 November 2018

Change of Land use as Industrial in Non-Planning areas, DTCP

Hi, I have a query as follows...which needs a detailed clarification from the Experts. We intend to construct a Steel re-rolling mill in 2008 (non-operational now) and approached all concerned departments for necessary approvals. Although receieved all concurrance / NOC certificates including DTCP/BDO/LPA approval for "Planning permission & Building lincence for Industrial building" after paid all necessary development charges to TN Local Planning Authority & DTCP (in 2008); the classification of land not been converted, yet. When we approach DTCP, they said that area comes in non-planning area (Sivaganga Region, TamilNadu ), which is not in their jurisdiction as they not able to name the Zone as "Industrial". Parallely, we approached TN Revenue department as well & they also said that they dont have powers to convert as "Industrial" but the local Tahsildar given a Certificate marked that the land is "Dry Land & Not an Agri Land". But the A-Register/Adangal shows only as "Punja Land" where it not solves the issue as the Land Classification in Encumbrance Certificate of TN Land Regn. shows as "Agricultural Land". Hope you aware that, recently, our Govt passed a G.O. to Change of Land use from Agri to Non-Agri purposes (2017) but it seems for new development. But we already got all development approvals in 2008 itself. So, I kindly request you to let us know how to change the land use as "Industrial(Non-Agricultural)" from "Agricultural"? Because, none of the "Banker" is not willing to fund Industries, which falls in Agricultural areas. Thanks in advance.

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3 Replies

Dr J C Vashista (Advocate) 25 November 2018

Engage a local prudent lawyer for better appreciation of facts / documents and guidance for commercial queries.

G.L.N. Prasad (Retired employee.) 25 November 2018

Make a petition before District Collector requesting them for single window permission and make this as copy to District Industries center. In this petition you have to state all the steps you have taken and responses received and the present status of your proposal and as to how the unit failed to take off because of such clearances. Establish contact with local representative MLA/MP and seek their interference in these teething problems. Wait for a month, and contact an advocate for filing writ before HC for directing HC to take an early decision on land conversion as per norms.

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Siva (Consultant) 26 November 2018

Dear Mr.Prasad, Thanks for your reply. As you stated, we already sent a request letter to District Collector. Distruct Revenue Officer & Revenue Division Officer on this regard but they redirected us to contact local Tahsildar. But Tahsildar said that the land has to be classified either "Agricultural or Residential from Grama Natham in Rural areas" and refused to declare as "Industrial"; but given a certificate saying "our land (registered in company's name) is a Dry Land & Not an Agricultural Land where the Agriculture is not carried out for several years". But again, the A-register shows as "Punja Land" which means Agricultural Dry Land and it reflects in the EC as well. We got all Concurrances / Nocs from respective departments to opetate the unit but the bankers not accepting the proposal and ask us to convert the land use clasdification.