• Change of land use

We have an existing hotel built in Rajasthan since 1960. The land is a free hold patta from the king. The land has also been marked commercial in the Master Plan. We have got permissions from Nagar Nigam to build the hotel in 1960 and again in 2005. Now, I want to demolish the hotel and build a new hotel building on it. Do I need to change the land use as per the Rajasthan Govt policies and acts? Will I have to pay for conversion charges?
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

If you have permission to build a hotel and you were running a hotel then there is no need to take permission again as the hotel was a valid building. You may inform the municipal corporation that you intend to demolish the old building and build a new one.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Conversion already done. No need to re apply. Instead of fresh contraction do it renewal. Rebuild may require fresh permissions and comply many formalities.

You can contact , I may help u to process through. 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Permission from tourism dept if must but it can be manage without fresh conversion.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You must have built the hotel a long time back  and The Rajasthan Urban Improvement (Change of Use of Residential Land or Premises for Commercial Purposes) Rules, 1974 came afterwards.

Anyways a new building requires that the land use must be changed if not changer before.

The high court of rajasthan jaipur had in a judgment ordered.


New rules requiring the owners to pay administrative fees. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You already have permission from govt for  hotel 

 

you need to get plans sanctioned from muncipal corporation for new hotel 

 

you don’t need to pay any conversion charges as land has been marked as commercial in master plan 

 

 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

No conversion charges shall be payable for land held by tenant for establishment of a tourism unit in urban as well as in rural areas.
No development charges shall be payable by Tourism Units. Necessary notification/orders in this regard shall be issued by concerned Departments.
In addition to free of cost conversion and development charges for heritage hotels, UDH & LSG, Panchayati Raj, Revenue Department, etc. will also issue conversion orders for existing and operating heritage hotels/buildings. Similar order will also be issued for those who intend to convert heritage buildings in to heritage hotels after issue of this Policy.

 

2) following additional provisions are being provided for:
(A) Fixing of Time limits for Conversion of Land and Approval of Building Plans:
I. Conversion of Land in Urban Area: The competent authority shall dispose off an application for conversion of land for tourism unit within 60 days from the date of filing of application which is complete in all respects.
In case orders for conversion of land are not issued within prescribed time limit, the land in question will be regarded as deemed converted.
II. Approval of Building Plans: The competent Authority to approve the building plan in urban area shall dispose of the application within 60 days of receipt of application complete in all respects.
Similarly, time limits are also fixed for construction and operation of tourism units by the investor, which are as under:
i. A tourism unit having less than 200 rooms will be required to be completed within 3 years after conversion of land. In case there is a requirement for seeking approval of building plan, the above permitted time period for completion of tourism unit will commence from the date of approval of building plans by the concerned authority.
ii. A tourism unit having more than 200 rooms will be required to be completed within 4 years after conversion of land. In case there is a requirement for seeking approval of building plan, the above permitted time period for completion of tourism unit will commence from the date of approval of building plans by the concerned authority.
Provided further that an extension of one more year could be given based on merits of the case by the authorities concerned after which all concessions shall stand withdrawn/ lapsed.

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Dear Sir/ Madam

As your land has been marked commercial in the master plan, there is no need to pay any conversion charges. You can obtain a conversion order from the relevant authorities. 

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

How can use of commercial land for commercial purpose change of user. There is hotel on the land you are planning to demolish and construct a new structure for purpose of hotel, by no means,  it is change of user and you don’t need any permission.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If the land revenue records reflect that this property is a commercial space and it had been in your continuous use for the purpose of hotel industry, i.e., commercial use only, you may not be requiring to obtain the fresh permission for change ion land use until you want to change this land from commercial to domestic purpose.

You can apply for plan approval for construction of hotel alone under the same license of commercial use of land, let the authorities object or stop you, then you can file a suit for mandatory injunction against the authorities on the long possession and enjoyment of the property under the same use till now.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The local formalities for getting approval of plan for construction of your hotel are to meticulously complied with.

if the authorities pass any specific  regulations which are not applicable to this project then you can very well agitate over this issue and get it resolved through legal process. 

 

 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

File writ petition in HC against govt asking for CLU  for land as it is marked as commercial land and hotel already operational on said land 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

What is the need of change in use of land when it is showing commercial in master plan.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You may first apply for the formalities before the local authorities to obtain approval for the plan for reconstruction of hotel as per the tourism department guidelines.

If your plan is not approved then you may see that on what reason or grounds has your application been rejected.

If the reason for rejection is not convincing and if you are not at fault , then you may take up this matter with the higher authorities for releif and remedy.

If your concerns are not addressed even by the higher authorities, you may approach high court with a writ petition seeking relief on the same grounds that you had relied upon

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Litigation is long drawn and expensive proposition 

 

get CLU done if you want to carry on construction at the earliest 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Than why don`t you for conversion (CLU). Now govt have permitted the conversion of a leasehold property to freehold

via the payment of advance lease amount for certain duration of the lease in one go. So, CLU of free hold land may not be consequences.
You may not be compel to convert into lease

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

You are the better judge of the situation.

You can always take a wise decision on this subject based on your needs and the circumstances.

If you feel that you may have to fight a very long legal  battle to establish your rights, you may decide to go by the instructions that were made known by the authorities to you.

Since the utmost essential of reconstruction of this into a bigger hotel as per tourism requirements , this becomes your weakness over which the authorities are taking advantage,

You can discuss  with you family  members and after a thorough consultation with a lawyer in the local you may take a wise decision at right time.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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