• Eco resort in partnership with Tribal landowner

Hello. I would like to know the agreement procedure to build and eco resort in a tribal patta land in partnership with the landlord. The property is adjoining the road in a forest area. Also the concerened departments to be notified for permissions regarding the development for non agriculture purpose. Thanks in advance.
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

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. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Obtain permission of collector to construct a eco resort in partnership with tribal 

 

enclose copy of agreement entered into with tribal 

 

obtain permission of forest department 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Section 3(1) of the Andhra Pradesh Scheduled Areas LandTransfer Regulation  1959 (Regulation  I of 1959) prohibitedtransfer of  immovable properties  situated in the scheduledareas from  a  member  of  scheduled  tribe  to    non-tribals without previous  sanction of the State Government. Any agreement with a tribal will be seen as an attempt to circumvent such prohibition. Further NA conversion is not allowed in Scheduled Area. It difficult to get any such permission for the project

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Detail will require to draft agreement.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Yes it needs to be notified in the said authority. You need to take permission and environmental clearance for the same

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

-  You can enter into a Partnership agreement with the tribal landowner 

- Further, the permission of the Collector is required for building a resort in forest area . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The procedure for establishing an eco-resort on tribal patta land and the departments involved in granting permissions can vary depending on the specific regulations and laws of the region where the land is located. However, I can provide you with a general overview of the steps typically involved in such a project:

 

Consultation and agreement: The first step is to consult with the landlord and reach an agreement on the terms and conditions of the partnership. This may include discussing profit sharing, lease duration, responsibilities for development and maintenance, and any other relevant aspects. It is advisable to engage a legal professional to draft a formal agreement to protect the interests of all parties involved.

 

Tribal department consultation: Since the land is tribal patta land, it is crucial to engage with the tribal department or similar authority responsible for tribal welfare and land rights. They can provide guidance on the specific requirements and procedures for development on tribal land. They may also require documentation such as a no-objection certificate (NOC) from the local tribal community or governing body.

 

Environmental Impact Assessment (EIA): Given that the property is located in a forest area, it is likely that an Environmental Impact Assessment (EIA) will be necessary. This assessment evaluates the potential environmental impact of the proposed development and provides recommendations for mitigating any negative effects. Consult an environmental consultant or firm experienced in conducting EIAs to guide you through this process.

 

Land use conversion and permissions: Depending on the regulations in your region, you may need to obtain permission for converting the land's use from agricultural to non-agricultural or commercial purposes. The specific department responsible for granting such permissions can vary, but it could be the revenue department or the local municipal or development authority. You may need to submit an application, along with the necessary documents and fees, to initiate the conversion process.

 

Building permits and construction: Once you have the necessary land use conversion, you will need to obtain building permits and other construction-related approvals from the local municipal or development authority. This involves submitting detailed architectural plans, structural designs, and other relevant documents for review and approval.

 

Other permits and clearances: Depending on the nature and scope of your eco-resort project, you may need to obtain additional permits and clearances from various departments. This can include fire safety clearances, food and hygiene licenses, liquor licenses (if applicable), permits for signage, and any other permits required by local regulations.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer