Agricultural land is commonly defined as the part of the area of land that is under permanent pastures, crops or arable, and so forth. The law prohibits building houses, factories, industries, etc. on the agricultural land irrespective of the ownership of the property. Any construction on the agricultural land is allowed to take place only after converting the agricultural land into non-agricultural land. In any case if the land was initially allocated as agricultural land, then, it shall be converted to non-agricultural land for construction or residential purposes.

PROCEDURE OF CONVERSION AGRICULTURAL LAND TO NON-AGRICULTURAL LAND:

Having the consent is mandatory from the local authorities for getting a ‘change of use of land’. An Application Form is required to be sent to the Commissioner of the Land Revenue Department mentioning the reason(s) for the conversion.

The documents which shall be attached with the Application Letter are as follows:

Original Sale Deed (or Gift or Partition Deed).

Mutation Letter.

Certified Survey Map.

Latest Tax Paid Receipt.

ID Proof.

When an agricultural land is converted into non-agricultural land, then a mandatory fee is needed to be paid depending on the type of the property and its locality.

The details such as the extent of land, mortgages, type of crops and soil, names of the earlier and present owners, etc. are mandatory and required to be mentioned specifically.

Certified copies of the documents can be acquired from the Tehsildar or Revenue Office. All the unpaid amounts shall be paid, and the copies of payment receipts must be added too.

It is the responsibility of the Deputy Commissioner, or Collector authorized for permitting the conversion of agricultural land to non-agricultural land. Deputy Commissioner or Collector may allow conversion only if he or she is convinced that all the necessary conditions have been met and there are no pending amounts or litigation on the land.    

The conversion must only be permissible under the master plan of the land. Then a conversion order permitting the change in land from agricultural to non-agricultural would be issued.

After the Conversion Certificate is obtained the agricultural land is formally converted into non-agricultural land.

In accordance with law, if any violation or infringement is found in the process, then severe penalties would be imposed.

CONVERSION CERTIFICATE OF LAND:

An individual is required to submit documents to apply for the Land Conversion Certificate. A conversion fee would be levied in accordance with the requirements. If an individual constructs a residential property without having a construction certification, then, fine can be imposed on that individual. And if an individual has bought an agricultural land to construct a house or for the residential purpose but he or she does not have the conversion certificate, then that individual would not be permitted to build anything on that particular piece of land. If an individual constructs a house on an agricultural land that has not been converted, then the concerned authority has the right to demolish the property.

HOW TO GET CONVERSION CERTIFICATE:

The procedure of getting a conversion certificate differs from state to state in the country. This article mentions that how it works in Karnataka.

OFFLINE METHOD:

STEP 1: APPROVAL FROM THE CONCERNED AUTHORITY:

First of all, an individual is required to seek permission of conversion from the concerned authority. An individual has to send an application to the Deputy Commissioner or the Collector requesting for the same. Then, he or she is required to submit a few documents along with the application which shall include a Land Record Certificate, copies of the Land Map, Measurement Plan, and Mutation Letter among otheRupees

STEP 2: VERIFICATION BY THE CONCERNED AUTHORITY:

After receiving the application, the concerned authority would verify the details of the property of the person which he or she has provided through the Tehsil Office. An officer would visit the site to check that if the land is vacant or not. If the property is a dubious one, then your application might get rejected by the concerned authority. Similarly, any presence of existing structures or high-intensity electricity lines might lead to the rejection of the application.

STEP 3: CONSULTING THE DEVELOPMENT AUTHORITY:

The Sub-Divisional Officer or Collector would consult with the Planning and Development Authority for checking the Master Plan, for having knowledge that the property is within the municipal boundaries or not. He or she would also check whether there are any land-related objections or not. If there are any objections, then the same will be submitted in writing to the concerned authority.

STEP 4: GETTING THE APPROVAL:

If everything is fine, then the CLU (Change of Land Use) Application would be approved by the concerned authority. However, an individual has to make sure that he or she has cleared the CLU charges and abide by the fact that he or she would not be using the land for any other purpose which is forbidden. And the person has to inform the Tehsildar about CLU within 30 days so that the required changes can be made in his or her land record details.

ONLINE METHOD:

STEP 1:

An individual has to visit the “Land Records Bhoomi” and go to the “How to Apply for Land Conversion” Page for creating a profile. An applicant will require entering your name, desired ID and Password, Aadhaar details, and Mobile Number. 

Click on the “Send OTP” button and the applicant would receive a one-time-password on his or her registered mobile number. Enter the OTP and Captcha Code and then click on the “Register” button for creating your profile.

STEP 2:

After registration, the applicant has to submit the current record of Rights, Tenancy, and Crops (RTC), and 11E sketch (it is applicable if the land conversion application falls within the same survey number), property mutation, with an affidavit.

STEP 3:

Once the applicant is done with the submission of the above-mentioned documents, then the request would be forwarded to the Urban Development Authority. The concerned officials would verify the details of the land in accordance with the master plan.

STEP 4:

For verification, the applicant might be asked to pay an online fee for the same. After that, the DC shall approve the conversion application and he or she will sign the order digitally. An applicant may download or take a printout of the duly signed conversion order.

DOCUMENTS ESSENTIAL FOR CONVERSION CERTIFICATE:

For offline applications, the applicant is required to submit more documents in comparison with the online application. And the online application procedure is simpler and takes less period of time.

The documents which an applicant is required to submit while applying for a land conversion certificate are as follows:

1. Mutation Letter.
2. Original Sale Deed.
3. Title deed.
4. No Objection Certificate (NOC) from the concerned authorities.
5. True copies of the Land Map.
6. True copies of the Land Records.
7. Registration Certificate and Appointment Letter of the concerned architect.
8. True copies of the Building Plan and the Site Plan.
9. The latest receipt of Tax deposit.Zonal Certificate from the concerned Urban Development Authority.
10. Certified Copy of Form
11. Certified Survey Map.
12. Certified Copy of Land Tribunal Order.

FEES AND CHARGES:

The fee and charges differ from state to state. If the land is utilized for the purpose of residence, then a Conversion Fee of Rupees 327 (Three-Hundred and Twenty-Seven) will be charged (if the land comes within 12 kilometer of the City Corporation limit). For Taluk Centre, a fee of Rupees 218 (Two-Hundred and Eighteen) will be charged and Rupees89 (Eighty-Nine) will be charged for the rural areas.

For commercial usage of the land or commercial purpose, a conversion fee of Rupees654 (Six-Hundred and Fifty-Four) will be charged (if the land is within 12 kilometer of the City Corporation limit). For Taluk Centre, a fee of Rupees 327 (Three-Hundred and Twenty-Seven) will be charged and Rupees 218 (Two-Hundred and Eighteen) will be charged for the rural areas.

So, if an individual is looking for the conversion of land, make it very certain that the property-related documents are legit and free of defaults. Once the conversion is completed, do not violate the terms and conditions. For instance, if an applicant has converted the land for the construction of a personal residence, then that individual must not use it for commercial purposes. Violation of such can lead to the demolition of the property by the concerned authorities.

COMPREHENSIVE DEVELOPMENT PLAN:

The Comprehensive Development Plan (CDP) also called as the Master Plan. It is the representation of extensive geographic areas and it also specifies the areas in the State that prompts conversion under this provision. The duties and responsibilities for developing the plan are delegated in accordance with the State Town Planning Authority. The development of the master plan is important upto the extent that the Deputy Commissioner may use it as a source for conversion.

NO SCOPE FOR DIVERSION ON PURPOSE:

Once a land conversion is completed, then, the purpose of conversion cannot diverge.

CONCLUSION:

The buyer of any property is required to thoroughly verify each and every one of the documents of the land so that he or she does not end up purchasing a land which has not been approved by the concerned authorities. Property owners in the city of Karnataka must be in possession of a Khata Certificate. It contains an assessment that specifically mentions the property taxes to be remitted through the current owner of the property. The certificate acts as evidence of the ownership too.

SOURCES:

• https://vakilsearch.com
• https://www.lawyersclubindia.com
• https://www.estartindia.com
• https://www.makaan.com

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