• Disposal of Land, bought for making Agri-Warehouse after seeking permission under Rule 109

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]
Asked 11 days ago in Property Law from Hyderabad, Telangana
Religion: Hindu

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 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

NO such bar, you can sell it.

Referring which rule ?

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

you are advised to contact a local lawyer and take legal assistance from him .

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

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 

Mohit Kapoor
Advocate, Rohtak
6450 Answers
2 Consultations

5.0 on 5.0

Whatever you have heard about the rules in this regard is absolutely right. 

You may refer  the Karnataka land reforms act for more  clarity

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

You need to abide by the same and the land cannot be sold till the stipulated period

Prashant Nayak
Advocate, Mumbai
16607 Answers
30 Consultations

4.6 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

Yes it can be done and sold

Prashant Nayak
Advocate, Mumbai
16607 Answers
30 Consultations

4.6 on 5.0

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