Dear Sir, We, a company registered in Kolkata, bought 3.45 Acres of land in Tq Ranebennur, Distt. Haveri, after getting purchase permission from DC on 13th July' 2018. We subsequently also got the land converted for the commercial usage vide NA Order dtd 15th July' 2019. We know that the land must be put to the same usage (as per the permission) within 2 years from the date of permission. Further to above, due to change in business dynamics, we are contemplating to sell the land. However, we are told that the land bought after getting permission under Rule 109 cannot be sold. Could you please enlighten us in this regard. Regards, Ashish Surana, [deleted]
kindly clarify whether land was purchased by you In west bengal or in Telangana
2) further you have given reference to Rule 109 . kindly clarify said rule relates to which act in WB or in Telangana
3) further what were terms and conditions of NA order dated 15 th july 2019 ?
3) need these clarifications to reply to your query
1. File another amendment application before DC, for further required purposes and declare that objectives could not be met due to financial constraints and that sale permission may be granted.
2. Irrespective of the above, IF the said Land was duly converted to commercial NA, THEN no DC permission is required for selling NA land.
NO such bar, you can sell it.
Referring which rule ?
you are advised to contact a local lawyer and take legal assistance from him .
1. Yes it is right that you cannot sold the land till completion of lockin period of two years from date of permission.
2. If you still wants to sell the land due to some genuine reasons then Before selling of land you also need permission from district collector
Whatever you have heard about the rules in this regard is absolutely right.
You may refer the Karnataka land reforms act for more clarity
You need to abide by the same and the land cannot be sold till the stipulated period
Can thus the land be sold after the stipulated period for development, as stated in the Purchase Permission, which is 2 years, since we have not done any development? Here, please also note that we got the above Purchase Permission in Jul' 2018 for buying & converting the land for building Agri Food Grain warehouse on it. Subsequently, we also got the NA Order (land converted to commercial) in Jul' 2019.
Once the NA conversion approval is obtained then you may proceed with your proposed further actions on it.
By complying with the rules and procedures in this regard on all further issues, you may proceed with the proposed program on this.
you need to do development of land ie construct warehouse within period of 2 years
only after you have done development can you sell the land after obtaining permission from the authorites
Mr. Kalaiselvan, We know that since we bought the land after getting Purchase Permission in Jul' 2018 & subsequently after purchase got the NA Order in Jul' 2019, we certainly can proceed further with our further program i.e., Layout & Building plan approval for getting the warehouse construction. But, it seems, you did not understand our query. We hereby reiterate that due to change in business dynamics and financial crunch, we cannot proceed further, but need to sale the land. Is it permissible?
you would not be granted permission to sell the land as you have failed to construct the warehouse for which land was purchased by you
Once the conversion is complete, the purpose of land cannot be altered. For instance, a land converted for residential use cannot be used for industrial purposes or vice-versa.
The conditions imposed to be adhered to while granting approval of for NA conversion if do not restrict the sale of land within any stipulated time period, then it can be deemed that the law is silent on this, silence means acceptance, you may proceed to sell the property within one year also if the circumstances force you to sell the NA converted property.
However you may exercise abundant caution by first enquiring about the local laws on this from the department of Karnataka land revenue on this before starting the process of sale.
Development permission was for 2 years. In that period, construction should have started. After 2 years, permission lapse.
Can sell it and for development fresh permission will issue.
Yes it can be done and sold