• Conversion of Industrial Land to R Zone

We have purchased a Navin Sharat (Bhogwatdar Class 2) type Agriculture Land.

The said land was being given by government to land less peoples. 

We want to get the said land converted from INDUSTRIAL to RESIDENTIAL Zone. 

As per our knowledge the government premium for zone conversion industrial is 2%, and Residential Zone is 48%  of Ready Reckon.

Also we have heard that if we do not wish to pay premium we can surrender some land to government and get the land converted into R Zone. 

Can you please let me get exact idea on the same along with the GR and the procedure.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
new restrictions are implemented and in place so it is "navin shart". as per the new restrictions to convert the land , you need to pay the govt. tax and get permission. 

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
44284 Answers
2572 Consultations

5.0 on 5.0

If an occupant of unalienated land or a superior holder of alienated landor a tenant of such land—
a.       which is assessed or held for the purpose of agriculture, wishes to use it for a non-agricultural purpose, or
b.       if land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or
c.       desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or superior holder or tenant shall, with the consent of the tenant, or as the case may be, of the occupant or superior holder, apply to the Collector for permission in accordance with the form prescribed.
The Collector, on receipt of an application,--
 may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the State Government; or refuse the permission applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection.
If the Collector fails to inform the applicant of his decision within ninety days from the date of acknowledgement of the application, or from the date of receipt of the application-- if the application is not acknowledged, or within fifteen days from the date of receipt of application for a temporary change of user or where an application has been duly returned for the purposes mentioned in clause (b) of sub-section (2), then within ninety days 1[or as the case may be, within fifteen days] from the date on which it is again presented duly complied with, the permission applied for shall be deemed to have been granted, but subject to any conditions prescribed in the rules made by the State Government in respect of such user.
The following rules  Maharashtra land act gives you answer to the query raised:
Continuance of offending unauthorised construction- Where the unauthorised non-agricultural use cannot be regularized under Rule 9, and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State government, subject to conditions (i) and (ii) in preceding rule, and the additional conditions-
(a)     that the holder shall pay a composition fee not less than fifty percent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater 2[and]
(b)     that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder’s risk and costs:
3[Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition(a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State government, reduce the amount of composition fee payable by the holder under condition(a) to such extent as he may think fit.]
4[Explanation- For the purposes of Rules 8,9 and 10 of these rules, the expression “forty times the non-agricultural assessment on the land” means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural user.]
On regulation sanad to be granted- When any unauthorised non-agricultural use permitted to be continued under Rule 9 or 10, a sanad in the form in Schedule VI shall be granted to the holder.
T Kalaiselvan
Advocate, Vellore
34440 Answers
372 Consultations

5.0 on 5.0

1. Conversion of industrial land into residential is possible only if the property has been classified for residential use as per the master plan followed by the concerned civic authority depending on the jurisdiction. 

2. The procedure commences with you making an application to the Special Deputy Commissioner with all relevant property documents for reconversion. 

3.  The planning authority will collect a stipulated fee and on such collection, the change of land use shall be deemed to have been granted.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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