• Diversion of agricultural land to non agricultural purpose (for school campus) in Madhya Pradesh

Would like to know procedure for diversion / conversion of agricultural land to non agricultural purpose (for school campus) in Madhya Pradesh
(1) Procedure 
(2) Govt Fees one time / recurring (if any)
(3) If done after three months of land acquisition, any restriction ? 
(4) Is rules different for individual and Co. ?
Asked 4 years ago in Property Law
Religion: Other

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7 Answers

under provisions of Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Ordinance, 2015, , a buyer must intimate in writing to competent authority within 90 days from date of acquisition that he shall get his land diverted for non-agricultural purpose. Buyer must get land diverted in accordance with relevant provisions of Madhya Pradesh Land Revenue Code, 1959, within a year from date of acquisition and commence proposed non-agricultural use within three years from date of diversion.

2) as far as fees for conversion are concerned make inquiries with the local authorities

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

GOVERNMENT OF MADHYA PRADESH, REVENUE DEPARTMENT MANTRALAYA. BHOPAL

NOTIF'ICATION

Bhopal, dated lOth |uly,2014 No. F 2-Il20I2NIIlSec.6- In exercise of the powers conferred by sub-section (1) and clause

(XLV-a) of sub-section (2) of section 258 read with section 59 of the Madhya Pradesh Land Revenue Code, 1959 (No.20 of 1959), and in supersession of this department's notification No. 175-6477-VII-N (Rules) dated 6th January,7960, the State Government, hereby, makes the following rules regarding alteration of assessment and imposition of premium, the same having been previously publised as requaired by sub-section (3) of section 258 of the said Code,

namely:-

B.IMPOSITION OF PREMIUM

when the land assessed for any non-agricultural purpose is diverted to any agriculturar purpose no premium shall be imposed under sub-r."tion (5) of section 59 of the code.

http://www.mp.gov.in/documents/10192/10779942/Dieversion%20New%20Rules.PDF

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

https://www.google.co.in/url?sa=t&source=web&rct=j&url=http://www.mp.gov.in/documents/10192/10779942/Dieversion%2520New%2520Rules.PDF&ved=2ahUKEwiJ0-yKyNHZAhVGkJQKHefeBZ8QFjAAegQICRAB&usg=AOvVaw1rnjmMg73uv6MPdxRgiyUj

Please refer above notification for the rate for use of educational institute see rule 6 a rate of 1 percent market value of property plus .2 premium is applied.

Also the revenue office of sub-Registrar or tehsildar shall be authority for this conversion.

Apply for conversion and pay fees along title document.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

The competent authority is DM/SDM. The fee can be confirmed from the concerned office.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

First you have to convert the land to non-agricultural land and a non-agriculture order has to be obtained from the collector of the district where the property is situated. Along with this, you need to take the latest receipts evidencing the payment of non-agriculture tax. In cases where the conversion from agricultural use to non agriculture use is not done within the given time frame, there should be an order from the authority concerned extending the period.

()for educauonal purpose_

(a) if the area diverted is up to t hectare - 1% of the market value of agricultural land.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

For all these informations you have to take the help of local advocate and see that your work is done. In every state, it is not so easy to get agricultural land to be converted into non-agricultural land for any purpose. You must grease the hands of officials otherwise they will find out one after one technical mistakes and ultimately your request may be rejected.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

GOVERNMENT OF MADHYA PRADESH,

REVENUE DEPARTMENT

MANTRALAYA. BHOPAL

NOTIF'ICATION

Bhopal, dated lOth |uly,2014

No. F 2-Il20I2NIIlSec.6- In exercise of the powers conferred by sub-section (1) and clause

(XLV-a) of sub-section (2) of section 258 read with section 59 of the Madhya Pradesh Land

Revenue Code, 1959 (No.20 of 1959), and in supersession of this department's notification No.

175-6477-VII-N (Rules) dated 6th January,7960, the State Government, hereby, makes the

following rules regarding alteration of assessment and imposition of premium, the same having

been previously publised as requaired by sub-section (3) of section 258 of the said Code,

namely:-

RULES

In these rules "Code" means the Madhya Pradesh Land Revenue Code, 1959 Q.{o. 20 of

1 9s9).

These rules shall be applicable from 3Oth December,2017:

Provided that in case of land diverted during the period from 30'h December,

20lI to date of publication of these rules in the Official Gazette, the imposition of

premium and fixation of assessment shall be done in accordance with the rules

prevailed on 30th December, 2011 as if the Madhya Pradesh Land Revenue Code

(Amendment) Act, 2011 (1.{o. 42 of 2011) had not been passed.

A.ALTERATION OF ASSESSMENT

When land already diverted to a non-agricuitural purpose and re-assessed on that basis

is re-diverted to an agricultural purpose, the assessment as re-fixed shall be equal to the

agricultural assessment on the land as fixed at the last settlement.

When land already diverted to a non-agricultural purpose and assessed on that basis is

re-diverted to an agricultural purpose and there is no agricultural assessment to fall

back upon, the assessment on re-diversion shall be fixed at the rate adopted for similar

soil in the same village or in a neighbouring village at the last settlement.

The assessment fixed under rule 3 to 4 shall remain in force till the nextwhere land assessed for use for any one purpose is diverted to any other purpose, assessment thereon the

with the

shall be revised and the land revenue shali be fixed in accordance rates specified in corumn (4) of the Schedure appended to these rules:

Provided that where land is diverted

purpose

into more than one non-agricultural (mixed use)' the assessment thereon shall be fixed in proporation these purposes specified to the uses of in the Schedule.

B.IMPOSITION OF PREMIUM

when the land assessed for any non-agricultural purpose is diverted purpose to any agriculturar no premium shall be imposed under sub-r."tion (5) of section 59 of the code.

where land assessed for use for any one purpose is diverted Iand revenue is to any other purpose, and fixed thereon und., rule 6, the premium shall be imposed according to

:IfJffi:::Jffi**::f1;H flJ:

th; '"*;;;;;; rates specined in co,umn (3)

.n*u"J,J"o""tlo1J::',

* premium shall be imposed for the diversion of any land for

Provided further that no premium shall be payable on agricultural into residential land diverted pulposes

land is not

for dwelling houses, in non-urban areas, if the area of diverted exceeding one hundred rqu*. meter.

In the event of the land diverted to non-agriculturar purposes being re-diverted agricultural or to an any other purpose, the holder of the turra o. ni. successor-in-title will not

ff:lj::'

ro get a refund or set off of the amount of premium already paid for

A1l changes in assessment on account of diversion shall be brought on the record-of- rights and other record prescribed under section ll4 andnecessary also be made corrections shall in respect of the survey numbers or plot numbers, as the case may SCHEDULE

(See rule 6 and

Explanation- (1) For the calculation of premium and assessment according to Schedule

above, all land shalr be treated as irrigated agricultural land.

Explanation'(2) 'charitable purpose' means establishing institute for physically and or

mentally challenged, orphanages, hostels for girrs and working women,

old age homes, developing sports facility and any purpose which the

State Govemment may so notify by an order.

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By order and in the name of the

Governor of Madhya pradesh

,c

ff-^1111t'l

(R.K.Cha\fdivedi)

Principal Secretary

Government of Madhya pradesh

Revenue Department

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NOTIFICATION.doc

e6and8

S.No. Use of Land Rate of Premium Rate for re-assessing the land

revenue (l) (2) | 1l (4) I for residential purpose for

dwelling house

I"/o oI Market Value of

agricultural land

0.2Yoof the market value of

agricultural land 2 r()r eoucauonal purpose_

(a) if the area diverted is

up to t hectare.

(b) for exess land, if the

area diverted is more

than t hectare.

1%o of Market Value of

agricultural land

0.5% of Market Value

of agricultural land

4.2%o of the Market V;lue of

agricultural land

0.Io/o of the Market Value of

agricultural land

3 for industrial purpose lYo ot'Market Value of

agricultural land

0.2o/o of the Market Value of

A

agricultura.l land T for commercial purpose 2" ot Market Value of

asricultural land

0.4Yo of the Market Value of

agricultural land

5 for mining purpose specified

in clause (D of sub-section (1)

of Section 59

IYo oI Market Value of

agricultural land

0.2o/o of the Market Value of

agricultural land

6 for Charitable purpose no Premium shall be

levied

0.2o/o of the Market Value of

egricultura

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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