This article has been written by Khalid Ali Khan Afridi, a student of PSIT College of Law

A popular definition of agricultural land is the portion of a land area that is permanently used for farming, growing crops, or other agricultural purposes. Regardless of who owns the property, it is illegal to construct homes, factories, or other commercial buildings on agricultural land. Only once the agricultural land has been turned into non-agricultural land is any construction on the agricultural land permitted. Regardless, if the site was originally designated as agricultural land, it must be changed to non-agricultural land for residential or building uses. 

PROCEDURE OF CONVERSION AGRICULTURAL LAND TO NON-AGRICULTURAL LAND:

1. Obtaining a “change of use of land” requires the local authorities’ approval. The Commissioner of the Land Revenue Department must receive an application stating the reason(s) for the conversion.

2. The following documents must be sent with the application letter:

1. Original Sale Deed I (or Gift or Partition Deed).
2. A letter of mutation.
3. Certified survey map.
4. The most recent tax receipt.
5. ID proof.

3. Depending on the type of property and its location, a charge must be paid when agricultural land is transformed into non-agricultural land.

4. Specific information must be provided, including the size of the property, any mortgages, the types of crops and soil, the names of the previous and current owners, etc.

5. The Tehsildar or Revenue Office can provide certified copies of the documents. All outstanding debts must be settled, and copies of payment receipts must be included.

6. The Deputy Commissioner or Collector designated to approve the conversion of agricultural land to non-agricultural land is in charge of doing so. Only when the Deputy Commissioner or Collector is confident that all requirements have been satisfied and there are no outstanding debts or legal disputes involving the property may they grant conversion. 

7. The conversion must only be permitted by the land’s master plan. A conversion order would then be issued, allowing the land’s use to transition from agricultural to non-agricultural.

8. The agricultural land is formally transformed into non-agricultural land after the Conversion Certificate is received.

9. If a legal infraction or infringement is discovered during the process, harsh consequences will be applied.

CONVERSION CERTIFICATE OF LAND:

Documents must be submitted in order to apply for the Land Conversion Certificate. The requirements would determine the amount of the conversion charge. A fine may be levied against a person who builds a residential property without a building certification. Additionally, if someone purchases agricultural land with the intention of developing it into a home or other residential structure but does not possess a conversion certificate, they will not be able to do so. The responsible authority has the right to demolish any building constructed on unconverted agricultural land by an individual.

HOW TO GET CONVERSION CERTIFICATE:

State to state in the nation, different steps must be taken to obtain a conversion certificate. This article describes how it functions in Karnataka.

OFFLINE METHOD:

STEP 1: APPROVAL FROM THE CONCERNED AUTHORITY:

An individual must first request approval from the relevant government before they can convert. To request the same, a person must submit an application to the Deputy Commissioner or the Collector. The applicant must also provide a Land Record Certificate, copies of the Land Map, Measurement Plan, and Mutation Letter, among other papers, with the application. 

STEP 2: VERIFICATION BY THE CONCERNED AUTHORITY:

After receiving the application, the relevant authorities would check the information on the applicant’s property that had been given by the Tehsil Office. To determine if the land is vacant or not, an officer would visit the location. The relevant authority may reject your application if the property is questionable. Similar to this, the application may be rejected if there are any existing structures or high-intensity power lines nearby.

STEP 3: CONSULTING THE DEVELOPMENT AUTHORITY:

The Planning and Development Authority would be consulted by the Sub-Divisional Officer or Collector to verify the Master Plan and determine whether the property is located within the municipal limits or not. Additionally, he or she would see whether there were any concerns pertaining to the land. Any objections will be filed in writing to the relevant authority if there are any.

STEP 4: GETTING THE APPROVAL:

If everything is in order, the relevant authorities will approve the CLU (Change of Land Use) Application. However, a person is required to confirm that the CLU charges against them have been dropped and to agree to refrain from using the property for any other than its intended use. Additionally, the individual must contact the Tehsildar of CLU within 30 days in order for the necessary revisions to be made to the information on their property record.

ONLINE METHOD:

STEP 1: 

To create a profile, a person must go to the “Land Records Bhoomi” and select the “How to Apply for Land Conversion” Page. A candidate must input their name, preferred ID and password, Aadhaar information, and mobile number.

A one-time password will be sent to the applicant’s registered mobile number when they click the “Send OTP” button. To create your profile, click “Register” after entering your OTP and Captcha code.

STEP 2: 

After registering, the applicant must submit the most recent Rights, Tenancy, and Crops (RTC) record, an affidavit, and an 11E sketch (if the land conversion application falls within the same survey number).

STEP 3: 

The request will be sent to the Urban Development Authority after the applicant has finished submitting the aforementioned papers. The concerned officials would check the land’s specifics to make sure they complied with the master plan.

STEP 4: 

The applicant could be required to pay a charge online for verification. The DC will then digitally sign the order after approving the conversion application. A candidate may print or download a copy of the legally signed conversion order.

DOCUMENTS ESSENTIAL FOR CONVERSION CERTIFICATE:

In comparison to online applications, the applicant must provide additional documentation for offline applications. Additionally, the online application process is quicker and easier. The following documents must be submitted by the petitioner when filing for a Land Conversion Certificate:

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.
10. Zonal Certificate from the concerned Urban Development Authority.
11. Certified Copy of Form 10.
12. Certified Survey Map.
13. Certified Copy of Land Tribunal Order.

FEES AND CHARGES:

Depending on the state, different fees and taxes apply. A conversion fee of Rs. 327 (three hundred and twenty-seven) would be payable if the land is used for residential use (if the land comes within 12 Kilometer of the City Corporation limit). A fee of Rupees 218 (Two Hundred and Eighteen) and Rupees 89 (Eighty-Nine) would be paid for Taluk Center, respectively, for rural areas.

A conversion fee of Rupees 654 (Six Hundred and Fifty-Four) would be levied for using the land for commercial purposes (if the land is within 12 kilometer of the City Corporation limit). A fee of Rupees 327 (Three Hundred and Twenty-Seven) and Rupees 218 (Two Hundred and Eighteen) would be paid for Taluk Center and the rural regions, respectively.

So, if someone wants to convert land, they must be quite certain that the property-related paperwork are legitimate and error-free. Do not break the terms and conditions after the conversion is finished. For instance, if a land conversion was done to build a residential dwelling; the applicant cannot use the property for business reasons. Such violations may result in the property being demolished by the relevant authorities.

COMPREHENSIVE DEVELOPMENT PLAN:

The master plan, or Comprehensive Development Plan (CDP), is another name for it. The portrayal of broad geographic areas, along with the identification of the State’s regions, is what triggers conversion under this clause. The State Town Planning Authority has established the tasks and accountability for creating the plan. The creation of the master plan is crucial inasmuch as the Deputy Commissioner is able to use it as a conversion source.

NO SCOPE FOR DIVERSION ON PURPOSE:

The goal of a land conversion cannot change once it has been finished. 

CONCLUSION:

To avoid buying a piece of land that has not been approved by the relevant authorities, the buyer of any property must thoroughly verify each and every one of the land’s paperwork. In the city of Karnataka, property owners are required to have a Khata Certificate. It contains an assessment that makes clear that the present owner of the property is responsible for paying the property taxes. The certificate serves as ownership proof as well.

SOURCES:

1. https://vakilsearch.com
2. https://www.lawyersclubindia.com
3. https://www.estartindia.com
4. https://www.makaan.com

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