• Converting Green Zone land for the purpose of making small farm type resort

I have a 20 guntas land near Gunjur Village, Sarjapur hobli, willing to construct a small farm houses and use it for commercial purpose ie. renting it through Airbnb / Guest houser. Land is just 200 mts away from gramthana limits. 

1) what types of permissions required for this? 

2) Can we use green Zone lands for commercial purpose? 

3) Do we need DC conversion for this?
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

Green Zone- A zone purely dedicated to the agricultural use or land that is protected to maintain greenery in the city. It has 4 shades that are reserved for forest, valley, lake, pond, garden, cemetery, graveyards, etc

 

2) it cannot be used for commercial purposes 

 

 

3) Section 95 (3B) of the Karnataka Land Revenue Act specifically prohibits the Deputy Commissioner from granting permission for conversion of land in the green belt for any other purpose. So no land in the green belt can be converted. However, as stated above, under section 109 of the Karnataka Land Reforms Act,  certain lands may be exempted from the provisions of the act and allowed to be used for the purposes of putting up industries, schools, low income housing, etc. So although lands in the green belt cannot be converted, certain types of activities can be exempted, provided special permission is procured. The lands can then be used only for the purposes for which it was exempted. 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

1) the Karnataka Town and County Planning Act authorises the Town Planning Authority, which is the B.D.A. in the case of Bangalore, to draw up the Comprehensive Development Plan (C.D.P).

 

2)  In this C.D.P. the green belt area and the uses which are permitted in this area are set out. In this area land can be used only for the purposes of agriculture, horticulture, dairy and poultry farming, milk chilling centres, farm houses and their accessory building (not exceeding 200 sq. mts. of plinth area within the plot area limitation of 1.20 hectares), brick klins, quarrying , gardens, orchards, nurseries grazing pastures, marshy land, barren land and water sheets. Highway amenities like filling stations, weigh bridges and check posts.  etc. are also permitted.

 

3) B.D.A. which is the competent town planning authority has recently issued show cause notices against several resorts in the guise of farm houses  as statutory violations have been made. The B. D.A. has also issued notices to the encroachers to show cause as to why the land use has been changed and why action should not be taken against them

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want to convert the usage of land into commercial.
  2. See, in green zone, commercial activities of industrial nature is barred, but the purpose of your commercial activity, would only for letting it out on rent other than industrial purpose.
  3. You willnhave to approach the land owing agency of that area, and then make an application for the permission to convert the usage of the land subject to the condition of paying the appropriate charges for the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

its advisable not to change the user of the land to commercial

let it be residential only or for the original user purpose

renting out house through airbnb would not come under commercial as airbnb is still unregulated

its just temporary permission or license given to guests to use and occupy your premises for a fixed fee

such occupation will not be continuous, i.e. it will be occasional and/or intermittent

this does not warrant change of user 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Thank you sir for your ratings.

 

If you wish, you can have a phone consultation with me through Kaanoon, so that I ll help you out more accurately.

 

 

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. To use your premises for guest house you need to make a trade License. If the property is in gran panchayat then mere permission from local authority is enough.

2. Yes unless there is local restrictions by the government.

3. You need building plan to be approved from local Panchayat office for which DC conversion may not be required.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You cannot construct a house on agricultural land, although the land may be owned by you. You can convert agricultural land into residential or industrial land by paying some fees. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) You have to take permission for collector of local city to convert agricultural land into non-agricultural and same to build as commercial layout from local municipal corporation. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. For making construction in the Green Belt, you shall have to take permission from the Deputy Commissioner   under section 109 of the Karnataka Land Reforms Act,.

 

2. As per law, land situated at the Green Belt  can not be used for commercial purpose unless sp[ecia permission is taken to that effect.

 

3. Conversion is ordinarily required for using the said land situated in the Green Belt commercially.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Contact the Deputy Commissioner's office to get clear picture of the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You may have to apply for DC conversion;

You may have to obtain permission commercial construction and use thereof.

There is a procedure to be followed to change land use while developingagricultural land for residential purposes. You can convert agricultural landinto residential or industrial land by paying a fee.

You can get a 'change of land use' after obtaining the necessary approval from the local authorities.

If you're planning on farming the land, water rights and access can be a deal breaker. Agricultural or “Ag Zoning,” refers to designations made by local jurisdictions that are intended to protect farmland and farming activities from incompatible non-farm uses.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The law is common for all.

n case, a person wishes to use its land for non-agricultural purposes like residential, commercial, industrial, etc. then legal permission must be obtained by paying a nominal fee to the District Commissioner. Hence, the process is often referred to as DC Conversion.
The process includes obtaining No Objection Certificate from the Town Planning Authority under Section 95 of the Karnataka Land Revenue Act. 1964.

The Deputy Commissioner is the issuing authority for Land Reforms Tenanted (LRT) lands.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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