• DC conversion (Residential) to Institutional/ Education Conversion

I have 3 acres of land and now it is DC Converted (in March 2017) for Residential Purpose, Now we want to construct the school, should I again convert this to Institutional purpose. The land is in Bangalore under Panchat limits. Please let me know what I should do, because when I visited PDO, they say to first pay tax for the land and get ekhata and say about 3.25 laks per year as tax, so for educational purpose (section 109) some of my friends say it is free of tax. Can you please suggest what to do.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

the conversion order issued by deputy commissioner will have certain important conditions. The Occupant or the owner must comply with all the conditions laid down in the conversion order, lest, the order becomes invalid or in operational without any further notice to the applicant or the owner.

2) since land is converted into residential purposes pay tax on the land get e khata as advised by the authorities

3) as far as whether conversion of land for educational purposes is exempt from tax or not you can make necessary enquires with the local authorities

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

1. according to section 109 of Karnataka Land Reforms Act, 1961, educational institutions recognised by the State or Central

Government to be used for non-agricultural purpose the extent of which shall not exceed four units.

2. for getting tax benefit educational institute should be recognized by the state or central government.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You have already obtained permission from authorities for conversion of agricultural land into NA land for residential purposes

For use of said premises for educational purposes apply to deputy commissioner

Deputy Commissioner has the authority to permit purchase of as much as 50 acres of land for educational institutions.

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

The lands originally assessed or held for agricultural purpose cannot be straight away used for non-agricultural purpose it needs to be first converted for non-agricultural purpose and then conveyed.

The Karnataka Land Revenue Act, 1966 has prescribed the procedure for converting agricultural lands to non-agricultural purpose, under sections 95, 96, 97, and 98, of the Act.

The purpose of use of land must be specific and the Deputy Commissioner may grant permission-imposing conditions or may refuse to grant permission for such conversion.

As per Rule 108 of Karnataka Land Revenue Rules 1966, no fine can be imposed an appropriation of agricultural lands made over or acquired under Land Acquisition Act at the instance of a government department, Municipal Council, Local Board, Village Panchayat, Charitable Education Institution for charitable or public purpose, from which the government or such statutory authorities do not derive any profit and the land is used for the purposes of construction of school building, laying of playgrounds, hospitals, dispensaries or rest houses.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

Can we now convert to educational or institutional purpose and what would be the procedure

Any owner of the land, which is assessed or held for agricultural purpose, who wants to divert such land and any part of such land for non-agricultural purpose shall apply for permission to the Special Deputy Commissioner who is the concerned authority in Bangalore Urban and Rural District. The purpose of use of land must be specific and the Deputy Commissioner may grant permission-imposing conditions or may refuse to grant permission for such conversion.

However, he shall not refuse the permission in case of lands included in outline Development Plan or the Comprehensive Development Plan or the Comprehensive Development Plan published under Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) provided such conversion is in accordance of land use specified in such plan.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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