Conversion of Agricultural land to Non-agriculture land

Conversion of Agricultural land to Non-agriculture land

Agricultural land is commonly defined as the part of the land area that is under permanent pastures, crops or arable, and so forth.

Law does not allow for building houses, factories, industries, etc. on the agricultural land irrespective of the ownership of the property. Any construction must take place only after converting the agricultural land into non-agricultural land.

In case the land was initially allocated as agricultural land, it must be converted to non-agricultural land for construction/residential purposes.

Procedure for converting Agricultural land to Non-Agricultural land

1.    Mandatory consent is necessary from the local authorities towards getting a ‘change of land use.’ An application form is required to be sent to the Commissioner of the Land Revenue Department stating the reason behind conversion.

2.    The documents must be attached with the application letter:

        •    Original Sale Deed (or gift/partition deed)

        •    Mutation Letter

        •    Certified survey map

        •    Latest tax paid receipt

        •    ID Proof

3.    When agricultural land is converted towards non-agricultural land a mandatory fee is needed to be paid depending on the kind of the property as well as its locality.

4.    Details such as the extent of land, mortgages, type of crops and soil, names of the earlier and present owners, etc. required to be mentioned.

5.    Certified copies of the documents could be acquired from the Tahasildar or Revenue Office. All the unpaid amounts must be paid, and copies of payment proof need to be added.

6.    Now it is the responsibility of the Deputy Commissioner, or Collector authorized towards permitting the conversion of agricultural land to non-agricultural land. Deputy Commissioner or Collector would allow conversion only if they are convinced that necessary conditions have been met and there are no pending amounts or litigation on the land.

7.    The conversion must be permissible under the master plan of the land. A conversion order permitting the change in land from agricultural to non-agricultural would then be issued.

8.    Once a Conversion Certificate is obtained the farmland is formally converted towards non-agricultural land.

9.    As per law, if any violation is found in the processes, there would be severe penalties.

Conversion Certificate of land:

Towards applying for land conversion certificate, an individual is required to submit a few documents. A conversion fee would be levied accordingly.

If an individual constructs a residential property without having a construction certification, heavy fines can be levied on an individual. Also, if an individual has bought an agricultural land to construct a house but they don’t have the conversion certificate, an individual won’t be permitted to build anything on the land. In case an individual go ahead and construct a house on agricultural land that has not been converted, the authority has the right to demolishing the property.

How to get Conversion Certificate:

The procedure of getting a conversion certificate is different for different states. In this article, we will see how it works in Karnataka.

Offline Method:

Step 1: Looking for Approval from the Concerned Authority

First, an individual is required to seek permission for conversion. An individual has to send an application to the Deputy Commissioner or the Collector requesting the same. An individual is required to submit a few documents along with the application, which must include a land record certificate, copies of the land map, measurement plan, and mutation letter, among others.

Step 2: Verification Conducted through the Concerned Authority

After receiving the application, the concerned authority would verify the details of the property an individual has provided through the Tehsil office. An officer would visit the site to check if it is vacant land. If the property is a dubious one, your application might get rejected. Similarly, any presence of existing structures or high-intensity electricity lines might lead to application rejection.

Step 3: Consulting the Development Authority

The sub-divisional officer or collector would consult with the Planning and Development Authority towards checking the master plan if the property is within the municipal boundaries. They would also check whether there are any land-related objections. If there are any objections, the same shall be submitted in writing towards the concerned authority.

Step 4: Getting Approved

If everything is fine, the CLU (Change of Land Use) application would be approved. However, an individual is required to make sure he has cleared the CLU charges and abide by the fact that he won’t be using the land for any other purpose. Also, the individual has to inform the Tehsildar about CLU within 30 days so that required changes could be made in his land record details.

Online Method

Step 1: One must visit “Land Records Bhoomi” and go to the “How to Apply For Land Conversion” page so as to create a profile. An applicant is required to enter your name, desired ID and password, Aadhaar details, as well as mobile number. 

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

Step 2: On registering, an applicant has to submit the current record of rights, tenancy, and crops (RTC), and 11E sketch (applicable if the land conversion application falls within the same survey number), property mutation, as well as an affidavit.

Step 3: Once an applicant is done submitting the above-mentioned documents, the request would be forwarded to the Urban Development Authority. The officials would verify the details of the land along with the master plan.

Step 4: On verification, an applicant might be asked to pay an online fee. After that, the DC shall approve the conversion application as well as sign the order digitally. An applicant could download or take a printout of the duly signed conversion order online.

Documents Essential for Conversion Certificate:

For offline applications, an applicant would require more documents to submit compared to the online application. Also, the online application procedure is simpler with quick turnaround time.

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

•    Mutation letter

•    Original sale deed

•    Title deed

•    No Objection Certificate (NOC) from the authorities

•    Land map Copies

•    Land records Copies

•    Registration certificate and appointment letter of the architect

•    Building plan and site plan Copies

•    The latest Tax deposit receipt

•    Zonal certificate from Urban Development Authority

•    Certified Copy of Form 10

•    Survey map (certified)

•    Copy of Land Tribunal Order (certified)

Fees and Charges:

The fees, as well as charges, vary from state to state. If the land is utilized for residential purposes, a conversion fee of Rs.327 shall be charged (if the land is within 12km of the City Corporation limit). For Taluk Centre, a fee of Rs.218 shall be imposed and Rs.89 shall be charged for the rural areas.

For commercial usage of the land, a conversion fee of Rs.654 shall be charged (if the land is within 12km of the City Corporation limit). For Taluk Centre, a fee of Rs.327 shall be charged and Rs.218 shall be charged for the rural areas.

So, if an applicant is looking for land conversion, make certain that the property-related documents are legit. Once the conversion is completed, do not violate the terms as well as conditions at any cost. For instance, if an applicant has converted the land to construct a personal residence, one must not use it for commercial purposes. Violation of such possibly would lead to the demolition of the property by the concerned authorities.

Conversion of agricultural land to non-agriculture in Karnataka:

Lands which are stated as agricultural cannot be utilized for housing, commercial or industrial purposes; excluding on conversion of the similar into non-agricultural land. The method of converting an agricultural land into a non-agricultural land is recognized as land conversion, and also known as DC Conversion; the latter name has been applied as the conversion commonly endorsed through a Deputy Commissioner. The process for land conversion varies from State to State in India, as it comes under the jurisdiction of the State Governments. 

Land Conversion Procedure:

The land could be converted through filing an application towards the commissioner of the land revenue department. The application must be inclusive of a statement that conveys the purpose of conversion.  Furthermore, the application must consist of details relating to the extent of land, names of the current and previous owners, type of soil and crops nurtured in the land, mortgages, and the likes of it. These details could be accessed from the revenue office or the tahsildar.

However, the application must be filed along with the applicable fee, which varies from district to district.

Forms for Conversion:

Application for Land Reform Tenanted Lands must be filed in Form 1, whereas the application for Patta lands is required to be filed in Form 21. The application must be filed to the respective Tashildar’s office.

Documents Required for Land Conversion:

The documents required are;

•    ID proof

•    Mutation letter

•    Original sale deed/gift partition deed

•    Property Title Deed

•    No Objection Certificate of the village accountant

•    Latest receipt of tax deposit

•    Certified survey map

•    Records of Rights and Tenancy Certificate (RTC)

•    Land Tribunal Order Certified copy

•    Certified copy of Form 10 that certifies the rights of occupancy

•    Zonal certificate from Urban Development Authority

•    Photocopy of the atlas of the land

•    Revenue survey map of the village Photocopy

The photocopy of the atlas must be duly attested by the Department of Survey Settlement and Land Records.

Approval for Land Conversion:

The authorization towards permitting the conversion of land is vested with the Deputy Commissioner or the Collector. The authorities would consent towards the conversion if the application meets the stated conditions and the property is devoid of any outstanding amounts or litigation. This would be followed by the issue of a conversion order as well as a certificate declaring the conversion.

The land proposed towards being converted should match the specifications of CDP, which means that the land must be convertible under the development plan.

Comprehensive Development Plan:

The Comprehensive Development Plan (CDP), also recognized as the Master Plan, is a representation of extensive geographic areas as well as specifies the areas in the State that prompts conversion under this provision. The duties of developing the plan are delegated with the State Town Planning Authority. The development of the master plan is essential to the extent that the Deputy Commissioner uses it as a source for conversion.

No Scope for Diversion on Purpose:

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

Responsibility of the Buyer:

The buyer of any property is required to thoroughly verify every one of the documents of the land so that the procurer doesn’t end up purchasing a land which has not been approved. Property owners in the city of Karnataka must be in possession of a Khata certificate, which contains an assessment that specifies the property taxes to be remitted through the current owner of the property. The certificate also acts as evidence of ownership.

Consequences of Non-Compliance:

Any violation of the rule by constructing a property in the residential land can qualify for demolition. Furthermore, the landowner would be imposed with penalties.

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eStartIndia Team

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