Tamil Nadu Land Conversion

Land conversion is a process of converting agricultural land for non-agricultural purposes. Agricultural lands cannot be utilised 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 Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017, 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 Tamil Nadu land conversion in detail.

Tamil Nadu Change of Land Use Rules

As described above, Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 moderates the process of changing land use from agriculture land to non-agriculture purpose in Tamil Nadu. The process of conversion of 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 TN land use rule applies to all areas in the State of Tamilnadu, except those notified as planning areas by state Government.

Exempted Lands for Tamil Nadu Land Conversion

As per Tamil Nadu Land usage change rules, no permission will be granted if the proposed conversion is any of the following types of lands:

Public water body like channel, tank, canal, lake, river,
Government Pocomoke land, temple lands, wakf properties and other lands belonging to religious/charitable institutions.
Vacant lands with any encroachment on a street road or public road or on any other land over which the owner does not possess ownership rights
Properties below the alignment of high tension and extra high voltage electric line including tower lines
Land which is fit for the cultivation

Prescribed Authority for Land Conversion

Land can be called 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 Tamil Nadu Land use change rules, 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.

Applicable fee for Tamil Nadu Land Conversion

The applicant will have to pay a non-refundable scrutiny fee of Rs.1000 per plot to the local authority.

Tamil Nadu Land Conversion Charge

Tamil Nadu land use conversion charge at the rate of 3% of the market value fixed under the Indian Stamp Act, 1899 need to be paid to the local authority, and the concerned body will deposit the amount in Government head of account and grant permission for carrying out the development works. Know more about How to Find Property Guideline Value in Tamilnadu

Document Required

For obtaining completing Tamil Nadu land conversion, the applicant has to attach documents as mentioned below:

Copy of sale deed, lease deed and power of attorney self-attested by the applicant
Certificate of ownership should be obtained from the Executive Officer, Town Panchayat or Commissioner, Municipality Corporation in case of urban local bodies
In the case of rural local authorities, certificate of ownership to be obtained from the Block Development Officer (BDO) of Block Panchayat, Village Panchayat
FMB or Town Survey sketch
Patta, Chitta or Town Survey Land Records (TSLR) in owner’s name
Site plan inappropriate scale of 1:400/800/1600
Proposed layout for sub-division plan (In case of layout/subdivision proposal)
To plan to show all existing developments surrounding the site for 500-metre radius
Encumbrance certificate for 13 years issued not before 30 days from the date of submitting the application
If the proposed land lies within a distance of thirty meters from Railway property boundary and the applicant proposes to have the plot for building within the area then-No Objection Certificate (NOC) from Railways

Along with these documents, the applicant needs to submit some other reports. The list of materials needs to be submitted given here. [pdf-embedder url="https://www.indiafilings.com/learn/wp-content/uploads/2018/10/Tamil-Nadu-land-Conversion-Documents-Required.pdf" title="Tamil Nadu land Conversion Documents Required"] Note: Only the documents whichever applicable for the proposed development need to be submitted.

Applying for Tamil Nadu Land Conversion

Procedure for getting conversion order for converting agriculture land for the non-agriculture purpose in Tamil Nadu is described in step by step procedure here:

Approach Local Authority Office

Step 1: Occupant or superior holder of property, who is seeking permission for Tamil Nadu land conversion, has to furnish an application form in prescribed format along with the supporting documents to the local authority in whose jurisdiction the concerning agriculture land is situated. We have here with attached an application for Tamil Nadu Land Conversion: [pdf-embedder url="https://www.indiafilings.com/learn/wp-content/uploads/2018/10/Tamil-Nadu-land-Conversion-Application-Form.pdf" title="Tamil Nadu land Conversion Application Form"] Step 2: On receipt of the request, the local authority will acknowledge the application within seven days, and the local authority have to obtain the prior concurrence of the Director before according permission for carrying out the development

Application Processing by Director

Step 3: Once the application is forwarded to Director, he/she need to obtain prior concurrence of the Collector in the case of wetlands and a report from the Joint Director of Agriculture in case of drylands for granting permission.

Verification by Collector for Wetlands

Step 4: The Collector will satisfy himself that the land in which development is proposed does not fall in exempted lands as per Tamil Nadu land use change rules.

The site inspection by Collector

Step 5: The Collector will inspect the site with Deputy Director of Town and Country Planning and other officials of the relevant departments and satisfies himself to the following:

The status of the land as in revenue records
The existing development around the proposed land is compatible with the proposed development
Details of assured irrigation source
Present status of cultivation in the land and how long the cultivation was not carried out and the reasons
Impact on the overall agricultural productivity in the proposed land and the necessity to continue agricultural production
Problems of sanitation and wastewater disposal and the possibility of realigning the canals, channels or drains

Step 6: The Collector will ensure that due to the proposed development action, the irrigation canals and distribution channels or the natural storm water drains or channels are not obstructed or affected and will not lead to depletion of groundwater level of the area or inundation of the nearby regions.

Verification by Director of Agriculture for Dry lands

Step 7: For granting his concurrence, the Director will satisfy himself the following matters:

The proposed development is not in public water body like channel, canal, tank, lake and river
The proposed development is not in Government Pocomoke land, wakf properties, temple lands and other lands belonging to religious/charitable institutions
The proposed progress is not made in vacant lands blocking access to surrounding areas which do not have any other means of access
The proposed land use change is not lying in the lands affected by the alignments of proposed road or rail corridors
The proposed development does not invade any public road or street or other areas over which the applicant does not possess ownership right.
The proposed development is not lying in the lands below the alignment of high tension and extra high voltage electric line including power lines.
The Director will ensure that the proposed development posses proper drainage system and pattern wherein all the wastewater and excess rainwater from the development land flows to the nearest higher order drainage system or some other alternative arrangement created for the same to arrest water logging in the development area.

The issue of prior concurrence by Director

Step 8: The Director will consider the prior concurrence given by the Collector in respect of wetlands and the report from the Joint Director of Agriculture in respect of dry agriculture lands for deciding to issue his prior consent. Note: To satisfy himself before granting his concurrence, the Director may cause an inspection or seek the report from such officials as he deems fit.

The issue of Conversion Order

The concerned local authority, on receipt of the prior concurrence from the Director, will collect land use conversion charge as prescribed above and deposit the amount collected to Government account and grant permission for carrying out the development. The Director within a month of the date of payment of the conversion charge issues an order of conversion.

Entries in the Revenue Records

The Director, after the issue of conversion order, authorise the Revenue officer to change the particulars of the tenancy land by making necessary entries in the revenue records.

Convert Land Usage

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 conversion order. If the land is not converted within the prescribed time, the conversion order will be withdrawn and the premium deposited will be relinquished to the State Government.