Gujarat Land Conversion is a process of converting agricultural land for non-agricultural purposes. Agricultural lands cannot be utilized for the development purposes such as residential, commercial, industrial, or medical facilities besides on conversion of the land into non-agricultural lands. As per the provisions contained in Gujarat Land Revenue Code 1879, agriculture land in the state cannot be used for the development purpose, without the permission of the prescribed authority. In this article, we look at the procedure for obtaining permission for Gujarat land conversion in detail.
The Gujarat Land Revenue Code, 1879
The Gujarat Land Revenue Code moderates the process of changing land use from agriculture land to non-agriculture purpose in Gujarat. The process of conversion of land or use of non-agriculture land will be completed on payment of a premium, and on verification, if it is found that the owner of the land fulfils all the conditions, a conversion order will be granted to the landholder.
Note: This Gujarat Land Revenue Code, 1879 applies to all areas in the State of Gujarat, except those notified as planning areas by state Government.
Purposes of Gujarat Land Conversion
Any agriculture land can be converted, for one or more of the following purposes in Gujarat:
- Residential Purposes
- Charity Purpose
- Educational purpose
- Mineral, Bricks production and other Industry
- Commercial Purposes
- Medical facilities
- Animal rearing and husbandry, systematic farming or dairies such as isolated farms specialising in horticulture, rising of genetically enhanced crops or agriculture requiring specialised abiotic premises.
- The public or semi-public service of use to the community, tribe or an entire anchal Ceremonials purposes
- Public utility of use to the state or district
Exempted Lands for Gujarat Land Conversion
No permission will be granted for Gujarat land conversion of the following type of lands:
- Land which is under the Central or Gujarat Government Company about the management of Coastal Regulation Zone
- Land falling within the boundary limits of any railway line or national Highways
- Land earmarked as a controlled area in any development plan notified by the State Government under the Urban Land Ceiling Act,
- Land identified and declared by the Government through its Forest Department as Protected Forests
- Gujarat land conversion cannot be done in the zones of irrigation project and also those about the environment, public health, peace or safety
Under section 65 of Gujarat Land Revenue Code 1879, only legal holder or Occupant will be eligible to obtain non-agricultural permission in Gujarat. If possession holders are more than one, then each possession holders need to make application with a joint signature.
Prescribed Authority for Land Conversion
Lands can be called as non-agricultural land if any activity like development is carried over on the agriculture land which makes agriculture land unfit for cultivation. As per the Gujarat Land Revenue Code, 1879, before carrying out any development on the agriculture land, an eligible person need to apply to the local authority for the permission to convert the use of agricultural land into the non-agricultural purpose. The empowered power to permit for Non-Agriculture and make penalise procedure, deciding the non-agriculture shape and conversion tax is tabulated here:
|S.No||Empowered Officer||Covered Area|
|1||Collector||The area containing into Mahanagar Palika, Urban Area Development Authority, Notified Area and Cantonment Area and ‘A’ and ‘B’ category Nagarpalikas|
|2||Territory Officer||C and D category Nagarpalikas|
|3||Taluka Panchayat||As per the last census limited to 2-acre land in villages having less than five thousand population|
|4||Killa Panchayat||Rural Areas not included in above-mentioned category areas|
- Non-agricultural permission for the residential purpose will be granted within 35 days from the date of application
- Gujarat Land Conversion permission for another purpose will be granted within 45 days from the date of application
Premium Payable for Gujarat Land Conversion
The premium payable for conversion of agricultural lands will be based on the Jantri of land. The rate of premium for obtaining permission is 40 per cent of the Jantri.
Documents required for Gujarat Land Conversion is explained in detail below:
- Entry applicant might obtain ownership rights of land including all changes note, entry, a copy of the village sample:
- Latest Copy of Village sample7/12
- Account number village sample 8 (A) copy
- If the proposed land is premium, then copy of the order of Collector and copy of such premium paid for land conversion of new condition land to an old condition
- Challan of fees paid for measurement of land to be made non-agricultural
- Supporting, evidence for mortgages if deducted (Certificate of lending Institution or bank)
- “F” form for allotment of the area under T.P
- Certificate of zone issued by Chief Executive Officer (CEO) in Urban or Area Development Authority:
Procedure for getting conversion order for converting agriculture land for the non-agriculture purpose
- Occupant or superior holder of property, who is seeking permission for Gujarat land conversion, has to furnish an application form in prescribed format along with the required documents to the Empowered Office in whose jurisdiction the concerning agriculture land is situated. You can also send application through post.
- After receiving non-agriculture permission, empowered Officer will verify evidence and accept the request and issue a receipt of such request immediately. If the application is received through the post, then the receipt will be provided within seven days from the date of receiving.
- The empowering authorities will decide for giving non-agriculture permission after receiving ‘no objection certificate’ and opinion from Collector office. Revenue Authorities such as Collector, Territory Officers and Deputy Collectors will have responsibilities to issue No Objection Certificate (NOC) for ownership title of the land
The collector will verify the following conditions in accordance with the proposed Gujarat land conversion.
- Whether the land in a question belongs to new conditions as per tenancy act or prohibited authority type
- Whether the land is under land acquisition
- Whether land has been included into Urban Land Ceiling Act
- If any case, dispute or appeal procedure is going on land in question
- The government has any outstanding for land in question
If the District Development Officer, Territory Officer or Taluk Development Officer have any case, it will be verified within ten days of receipt and forward it to Collector office and proceed for obtaining opinions as described above.
After receiving an opinion of Collector, Empowered Authority will decide about issuing the non-agriculture permission within the time limit. The Empowered Authority after verification, issue permission for Gujarat land conversion.
The concerned authority, after the issue of conversion order, change the particulars of the tenancy land by making necessary entries in the Gujarat revenue records (ROR)
Any agricultural land, converted for a non-agricultural purpose can be used for such converted purpose within a year from the date of issue of the permission. If the land is not converted within the prescribed time, the permission granted will be withdrawn and the premium deposited will be relinquished to the Gujarat State Government.