• Conversion of land

Sir have a Baid land at Asansol ,and godown has been constructed on it.Now I have apply for conversion of land for commercial use,
The concerning BLRO Officer has denied to convert land ,as construction has already been done.

Is there any law to convert nature of land which is having construction.
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

(Change in land use is regulated by sections 4A, 4B, 4C and 4D of West Bengal Land Reforms Act, 1955)

2) Fees for conversion of land as per circular no. 4403/L.R./3M-135/05 GE (M) dated 28.12.2005 of the Land &

Land Reforms Department. As per order no. 643/LR/1A-01/2039 dated 06.02.2009 of the Land & Land Reforms Department process fees for mutation and conversion as per the amended circular can be deposited directly through treasury challan/bank draft/DCR (Upto Rs. 500/-). The head of account will be 0029-LR-00-800-Other Receipts-006-Misc. Receipts not connected with Govt.Estates-27-Other Receipts

3)Any Raiyat desiring to make any change in the area, character or utilization of any land under his/her ownership may apply to the Collector of the concerned district for permission. The prescribed format of application is available under Application Form option

4) Necessary Documents:

An application in Prescribed Format with requisite payment of process Fee for Conversion in court fee affixed on it or in cash, a copy of the registered deed of transfer, copy of the Rent Receipt showing the payment of upto date revenue of the land in question, copy of the Mutation Certificate, copies of map of the said plot of land along with adjacent plots of land and any other document that may be required by the Collector for disposal.

5) An enterprise desirous of making any change in the area, character or utilization of any land under its

ownership may apply to the District Land & Land Reforms Officer (for above 1 acre of land) / Subdivisional

Land & Land Reforms Officer (for above 10 decimal to 1 acre of land)/ Block Land & Land

Reforms Officer (for land up to 10 decimal) of the concerned District/ Sub Division / Block for permission

in the prescribed format

6) if your application for conversion is rejected contact a local lawyer and challenge order of rejection of application for conversion

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Conversion is often a tedious process and hence sometime it requires the intervention of the court.

Since you are from WB, if you show the papers I may help you further on this.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

1. in E. M. Hoque vs state of West Bengal 2003 AIR cal. the Calcutta high court has held that conversion cannot be refused only on the ground that some construction has already has done.

2. you should file a writ before the high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

This involves local laws of Assam, so an Assam based lawyer alone can throw light on this. Be that as it may, if the order of BLRO is perverse and illegal then it can be challenged in the High Court through a writ petition.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Actually converting the landed property into a commercial property without proper approval from the concerned authorities is an offence and illegal.

The same is liable to be demolished.

However since it is done, you my apply for it and seek to regularise the irregularity as a special case and you may indicate that you are willing to pay the requisite fees for the purpose of regularizing the conversion.

The approval depends on the discretion of the authority concerned.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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