• Farm land bhogwatdar

Agriculture land , Bhogwatadar 2, need to convert that to Bhogwata 1.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Bhogawat- 2 land is in possession of the original allottee for more than twenty years the the state allows such possessor to pay some premium amount to the state and have such new tenure land converted into old tenure land.

 

2) You can meet the tehsildar for such information for conversion from Bhogawat-2 to Bhogawat-1

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

MAHARASHTRALAND REVENUE (CONVERSION OF USE OF LAND AND NON-AGRICULTURAL ASSESSMENT) RULES, 1969

 

3. Form of application for permission to convert use of land- Every application for permission for conversion of use of land from one purpose to another as provided in Section 44 shall be made in the form in Schedule I to the Collector. Where different portions of land included in the same survey number are to be converted for use for different non-agricultural purposes, the same should be clearly and separately shown in the form.

 

4. Conditions in which permission may be granted:- (1) Permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non –agricultural purpose to another non-agricultural purpose may be granted by the Collector after consulting the Planning Authority and such other authority as the State government may, from to time, direct subject to the provisions of any law for the time being in force and to the following among other conditions, that is to say-

 

(a) the grant of permission shall be subject to the provisions of the Code and Rules made thereunder;

(b) the land shall not be used for a purpose other than that for which permission is granted;

(c) the applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf; failing which, unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed.

(d) The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114;

 

1[“(dd) Where the land is situated in any of the area referred to in Section 47A and to which the provisions of the said Section 47A apply, the applicant shall be liable to pay the amount of conversion tax leviable under the said Section 47A within thirty days from the grant of permission for conversion”]

 

(e) where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall, if it is within the jurisdiction of a Planning Authority, be constructed in accordance with the plan approved by the Planning Authority in that behalf, and in areas in which the provisions of Chapter III of the Bombay Highways Act ,1955, are not in force, be subject to the provisions of Schedule II; and if it is situated outside such jurisdiction, be constructed in accordance with the plans approved by the village panchayat, and to be subject to such provisions of Schedules II and III, as the Collector may determine in each case, regard being had to the sanctioned use of land;

 

1[“and the provisions of the development scheme or Zone Plan prepared in pursuance of the orders of the State government and approved by the Collector or the Master Plan prepared for the purpose of clause (h) of Section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 a due notice of which is given in the Official Gazette, and in the local newspaper having wide circulation in that area.

 

Explanation- For the purposes of this clause, the expression development scheme or Zone Plan or Master Plan prepared for the purpose of clause(h) of Section 2 of the Urban Land(Ceiling and Regulation) Act, 1976, shall mean and include a plan indicating the broad outline as to how the lands are proposed to be used.”.]

 

(f) any other reasonable conditions which the Collector may deem fit to impose regard being had to the sanctioned use of the land:

Provided that, in hill stations and such other localities as the state Government may specify in his behalf, where there is no

Regional Plan, Development Plan or Town Planning Scheme, such permission may be granted on such conditions as are considered expedient regarding the style of the building, the period for construction and the observance of Municipal or sanitary regulations, in addition to the conditions aforesaid so far as they are applicable.

 

(2) Such conditions shall be embodied in the sanad.

5. Conditions where permission is deemed to have been granted- In cases where permission for change of use of land is deemed to have been granted under sub-section (3) of Section 44, such permission shall be subject to the conditions provided in Rule 4.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Apply to the District Collectors office, for the conversion on records, based on all relevant documentations, provided it meets the zonal land regulations. This can be done under MLRC & BTAL laws.

2. With due permission, 50 times of the current land revenue tax is payable apart from other incidentals. SC allotted lands can be sold only after it is converted to "old tenure land", else it will be illegal and presumed that the SC holder is not interested in holding the hold and can be claimed back by Govt.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Bhogavatadar Varg means Occupant Class

Occupant is a person having lawful and actual possession of the land.

Under section 29 of Maharashtra Land Revenue Code 1966 persons are classified into "Occupant Class I" and "Occupant Class II." ..

Occupant class I

. Person classified into this class is free to transfer the agricultural land without permission of collector in favour of person who is agriculturist.

 

Occupant Class II

Lands purchased by tenant under the provision of The Bombay Tenancy And Agricultural Lands Act 1948., lands granted by Government to the Schedule Cast/ Tribes persons, freedom fighter, member of army forces, ex-service man are allowed to transfer only after collector’s permission. Persons holding land under these categories are classified as an Occupant Class II.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

And as it is Bhogwata 2 land, we need to make / convert it to Bhogwata 1, which we will be able to sell legally. So what are the things to be done for the conversion.?


Lands purchased by tenant under the provision of The Bombay Tenancy And Agricultural Lands Act 1948., lands granted by Government to the Schedule Cast/ Tribes persons, freedom fighter, member of army forces, ex-service man are allowed to transfer only after collector’s permission.If Bhogwata 2 land is in possession of the original allottee for more than 20 years then the state allows such possessor to some premium amount to the state and have such new tenure land converted to older tenure land

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The premium amount may be enquired from the local revenue authorities i.e., the village administrative or revenue officer.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If the land is with the original allotte for 20 years it can be converted to bhogwata 1. You need to pay the premium and file affidavit with gram panchayat, revenue dept., tehsildar revenue divisional officer. As per the land specifications you will pay the premium.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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