1. If there's a record showing that the Bagar Hukum gomala land was given to the landowner by issuing a saguvali chit with lock-in period of 15 years to be used for agricultural purposes only, and after the lock-in period the land is residentially converted, then it appears to be in order. 

2.  The gomala land has lost its characteristics subsequent to conversion of the land.

3.  Whether the landowner has followed the correct procedure or not can only be determined only after the due diligence of the property documents.

4.  Before proceeding further, it's advised to obtain legal opinion from any Lawyer and then only decide.

You can purchase the land as conversion has taken place after 15 years 

layout has been approved by the authorities 

Dear Client,

Here is possible response to your queries

If the 15-year restriction under the Bagar Hukum scheme with respect to alienation has elapsed, and the due legal formalities, including conversion from agricultural to non-agricultural use, mutation, and layout have been duly followed, you might pursue the purchase. Subject to the same, being erstwhile a gomala land and lying at a distance of 5 km from the TMC, it shall not raise much problem if the land has legally been converted under the relevant master plan for being suitable for non-agriculture purposes.

On the face of it, the landowner seems to have completed the formalities right - getting the layout cleared by BIAPPA and then getting individual Khatas for the plots. It is, however, important that all mutation, conversion order and approval of layout documents get legal verification by a property lawyer before acquiring them, so that no existing issues pending on the status of the land as gomala or other local restrictions are left to be resolved after the purchase.

Thank you.Hope this answers your query.

Gomala land is a government-owned and designated area specifically for grazing land for livestock and cannot be sold. It is meant to serve the community's needs, particularly those who rely on farm animals.

In the present case even though the gomala land was mutated after 15 years of purchase and the land has been converted to non agricultural land, the risk in this is that :

 The PTCL Act came into force on 01.01.1979. Section 4(1) of the Act reads as under:-"4. Prohibition of transfer of granted lands.-

(1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer."

It is very clear from the above provision of Section that if any transfer of granted land is alienated, which is contrary to the Land Grant Rules, will be null and void.If the original grantee is filing an application under section 5 of the act,  with regard to terms of Section 5 of the Act which enables any interested person to make an application for having the transfer annulled as void under Section 4 of the Act. the court can pass an order declaring the sale or the transaction as null and void.

However the supreme court has ruled in favor of the purchaser stating that the land was alienated after 15 year of allotment to the grantee hence any application made resumption of land the same is not maintainable.

. You may obtain a legal opinion from a local lawyer having expertise in this subject and proceed if recommended.

Gomala land belongs to government, any transfer of such land is invalid irrespective of approval of any layout.

1. Gomala land is meant for public use (grazing purposes), and the conversion of such land for private ownership or development requires special permission from the government.

- If the landowner was issued a Saguvali chit (grant) under the Bagar Hukum scheme, which means the land was granted to them for cultivation purposes with restrictions , such as the non-alienation clause for 15 years and usage for non-agricultural purposes.

- However, since the land was converted under the "deemed conversion" clause in 2019 , then this land can be purchased. 

2. Lands within a certain distance from urban limits like TMC or municipal boundaries often come under stricter regulation for conversion and development.

- However, since the land has been deemed converted as per the master plan in 2019 and subsequently approved by the BIAPPA, then this cannot be a concern. 

3. You should check the documents properly.