• Convert land from agricultural to non-agricultural

I had leased a property to an Oil Company in response to an advertisement in a news paper asking for land to set up a petrol pump for 30 years with an option of a renewal of another 30 years. The land given on lease is an agricultural land which was not converted to non-agriculture and  at the same time  the status of the land has not been changed to  petrol pump. The oil company has obtained licenses from all the license issuing authority without going through the above land conversion which is mandatory in  West Bengal land reform act. For this above omission of mandatory procedure of land reform will the land lord who leased the land to oil co. be liable on his part or will the oil company be held responsible for the omission as they are the ones who are setting up a petrol pump on a land taken on lease and they are the ones who had to obtain all Non-objection certificates , licenses to install the pump and start  the sales of  Diesel and petrol.
Asked in Property Law from Dhulian, West Bengal
It will depend on the provision made in this regard in the lease deed.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

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