Madras High court has directed the authorities not to give approval or permission to convert agricultural lands into layout.
Has Madras Hight Court banned the conversion of agriculture land to non-agriculture in Tamil Nadu?
I wish to purchase some land which is classified as Dry Land but exists in the middle of a residential, DTCP approved area. Is it not possible for me to change the use of that land from agriculture to residential? Has the Madras High Court issued a blanket ban on such conversions or has it only banned registration of unapproved lands that don't have necessary approvals from DTCP?
Asked 7 years ago in Property Law
Religion: Hindu
14 Answers
Hello,
The ban that was imposed has been lifted by the HC.
You may now go for the conversion of the land.
Get in touch with some local lawyer for the same.
Regards
The Madras High court earlier had directed the authorities not to give approval or permission to convert agricultural lands into layouts and prevented the IG Registration from registering the unapproved land and buildings in a PIL.
Though the said PIL is now dismissed and no such ban on conversion is there.
https://www.deccanchronicle.com/nation/current-affairs/160118/pil-against-converting-agricultural-land-into-layouts-dismissed.html
Dear Client,
HC has banned registration of unapproved land and allowed resale and registration of unapproved plots that had already been sold and registered. And your area is DTCP approved. no application of order in your case.
Conversion is different thing, no effect on your land.
The Madras High court has directed the authorities not to give approval or permission to convert agricultural lands into layouts and prevented the IG Registration from registering the unapproved land and buildings.the said order becomes necessary in order to prevent unauthorised and haphazard development/sale of agricultural areas for agricultural use, and giving government time to come with a broad policy document to save ecology and prevent flooding.
1)HC had directed the state government to come up with a comprehensive policy regarding conversion of agricultural land into layouts, at the earliest.
2)?Seeking to prevent further development of unauthorised layouts and conversion of agricultural areas for non-agriculture use in an unplanned way, the court had, on September 9, 2016, restrained the registration authorities in Tamil Nadu from registering sale deeds for plots in such layouts or any flats or buildings constructed on them.
3) subsequently HC has clarified that Considering that there is a statutory provision which has now come into force and Rules have also been framed by the State government for regularisation of unauthorised plots, we deem it appropriate to direct that plots may be registered strictly in accordance with section 22-A of the Registration Act, read with the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 and the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017.”
I wish to clarify my question with a follow-up: I have NOT actually purchased this agriculture dry land yet (roughly 30 cents). I'm planning to purchase it and construct an individual house on it in a few years. As I mentioned earlier, it is fully surrounded by many DTCP approved houses. From what I understand from some of the answers, there is no problem in purchasing this land for future residential use and I can get necessary approvals to change the land use from agriculture to non-agri from competent authorities LEGALLY before construction. Am I correct?
Asked 7 years ago
Size of plot matters, up to 500 sq mtrs - conversion of land is permitted as a matter of right.
Your interpretation is correct
Yes you are correct you can purchase and then you can convert land whole or part for construction.
There's no ban in conversion of agriculture land to NA by court.
The sale of such land without proper approval only has been restricted.
Your understanding is right.
You can get it converted at a later stage also by obtaining proper permission from the authorities concerned.
Yes, you may apply to the Local Planning Authority for conversion of the agricultural land into a residential site by complying with their procedure, and then apply to the local panchayat or municipality for approval of building plan.
Dear Sir
Now, it nature as agricultural land is automatically changed. You will get favourable orders
yes you are right