• Query for Resort

I wanna build a Eco Friendly resort in forest area. Can I lease some tribal land for this purpose? Land is Double A 73 (Patta Land), But the issue is road connectivity. There are so many agricultural land in that area but no official road is granted to the land as some patches are of forest land between, now the problem is I don’t understand what to do for this? Should I do lease deed thn after should Apply for road connectivity from forest department? Or the land owners should apply for the permission for the road connectivity? Also want to know should I get Resort Na?
Asked 4 years ago in Property Law
Religion: Muslim

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7 Answers

You would not get permission for resort in forest land 

 

2) For land situated within 5 km distance or up to the limit of the notified eco-sensitive zone from the boundaries of wildlife sanctuary and national parks, if the land owner applies for development permission, for development of eco-tourism, nature tourism, adventure tourism, same may be allowed.” The regulation, however, does not apply to forest land, 

 

3) let land owners apply for road connectivity 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Let tribals approach authorities for road connectivity 

 

then approach forest department for permission for construction of resort 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client, 

In scheduled tribe regions, transfer of tribal land to non-tribals and in some cases even to tribals on lease basis can be permitted only by a competent authority. The state specific legal restrictions on who can or cannot lease out are indicated in Table-1:

https://www.niti.gov.in/writereaddata/files/document_publication/Final_Report_Expert_Group_on_Land_Leasing.pdf

Thank you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

The tribal people cannot let out their patta land on lease neither they can alienate the proeprty in any manner.

Especially since the land is situated in the forest area, you may not get permission for access to the land through the forest area. 

As the tribal land owners are managing their access to their land by their own arrangement through the forest and also the forest authorities are turning a blind eye to this arrangement, they may not face any problem. 

However if the tribal land owner decides to lease out the patta land, then it may attract the sore eyes of the authorities concerned and they may refuse permission without complying to the rules and other conditions in this regard. 

Any lease to the non-tribals even of the Government land situated in scheduled area is in violation of Scheduled Area Land Transfer Regulation.  

The provisions of  forest conservation Act also may be invoked to prohibit the land owners to seek path access to the leased out land to the non tribals. 

The state government's guidelines for private resorts in the forest area, are also a concern to be taken care. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The lands allotted to tribal community people  cannot be alienated by them in any manner to non tribal community people.

Any such acts done by them may render them to forfeit their rights over the allotted lands, hence you may better read the rules and understand the law involved in this before making a hasty decision towards your proposed resorts

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

- Since, this land is located at the edge of forest reserve , then legally you cannot get permission for the resort and for road connectively. 

- Further, the landowner should apply to the Collector of that area for the same .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can be in difficulties if you buy tribal lands if you are not a tribal. So dont invest in such ventures

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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