Conversion of Land from Agricultural to Residential

Population growth, industrialisation, urbanisation, and economic incentives have resulted in the conversion of agricultural land into residential areas. Planning for housing demand is important, but it is directly impacting the availability of farmlands. 

The landowners, authorities, and developers want to understand the purpose of converting farmland into residential property. While converting agricultural land into residential areas supports the city’s growth and meets the housing needs of the community, it can negatively impact the environment by reducing green spaces and disrupting local ecosystems. It is important to balance urban development with sustainable practices to mitigate these environmental consequences.

This article will explain the key steps, challenges, and effects of turning farmland into residential areas.

What is Agricultural Land?

Agricultural lands are used for farming activities. It involves the production of crops and plants as food for humans and other living beings. It also requires an interest, knowledge, and specialised skills in various farming methods, irrigation, pest control, etc. A farmer can cultivate his food from his agricultural land and lead a sustainable lifestyle without depending on anyone.

Why Convert Agricultural Land?

The ultimate reasons for converting agricultural lands into residential lands include urban development, population, and income potential for land owners. The residential development of agricultural land may bring economic growth and infrastructure development to the local community.

Key Factors to Consider Before Conversion

The major factors that influence the conversion of agricultural land into residential land are as follows:

• Environmental effect
• Zoning Rules and Regulations
• Land quality
• Infrastructure needs
• Local economic impact
• Local community impact
• Urban Expansion
• Long time sustainability

Required Documents to Convert Agricultural Land to Residential Land

For any kind of conversion, the paperwork plays a crucial role. In this aspect, several documents are mandatory for converting the agri-land to residential land, but it depends upon the state and authorities. 

Here are the documents listed below,

1. Application form requesting the conversion of agricultural land to residential land submitted to the relevant local authority (such as the Revenue Department or Urban Development Authority).

2. A copy of the Sale Deed/Title Deed

3. Khata Certificate(Karnataka)/Patta(Tamil Nadu)/ Pune (7/12 property card)/ Faridabad (Intkal).

4. RTC (Record of Rights, Tenancy, and Crops)

5. Land Revenue Receipts

6. Zonal Certification

7. Mutation Document

8. No Objection Certificate (NOC) from panchayat or local council

9. Land Map/Survey Map

10. Affidavit

11. Encumbrance Certificate

12. Tax Clearance Certificate

13. Power of Attorney (if applicable)

Once these documents are ready, they must be submitted to the relevant local authorities for review. After verifying the documents, they will conduct necessary inspections; then, the authority will grant approval for the conversion of agricultural land to residential land. These are subject to any applicable conditions.

The Application Process for Converting Agricultural Land to Residential Land

In India, land conversion involves a specific process that can vary depending on state and local regulations. It can be done either online or offline. 

Let’s look at the general steps involved in both methods.

Offline Application Process

• Keep all the documents ready to begin the application process. 

• Approach the revenue department that handles land-related issues in your zone. The specific department can vary by state; for example, in some regions, the local urban development authority or the panchayat handles these matters. Usually, this department is in the District Collector’s office, Tahsildar, or local urban development authorities.

• Enter the necessary details, enclose the required documents, and submit the form. Fees may be applicable depending on the size of the land and locality.

• Next, the authorities will verify your documents and inspect your property.

• If the application is approved, the authorities will issue an official Conversion Order, allowing you to change your agricultural land use to residential.

• After receiving the Conversion Order, the landowner must register it with the local land records office. This ensures that the conversion is legally recognised.

Online Application Process

In many states, the land conversion process can be completed online through the respective state government portals. Here’s a general overview of the online process:

• Initially, research and get into the official state portal of the Urban Development Authority or Revenue Department. 

• Create an account and log in. 

• You will enter the “Land Conversion” or “Change of Land Use” section of the portal. Enter accurate details about the land, owner, and requested conversion.  

• The requested documents should be uploaded as the scanned copy. 

• The next step is paying the application fee or conversion fee. The fee structure varies significantly by state, and there may be other financial obligations, such as development charges or infrastructure-related fees. Use the convenient payment gateway mode provided on the portal to make a payment. Keep the record of your payment copy safe. 

• Next, you will receive an acknowledgement receipt with a reference number. You can use this to track application status. 

• The next step is the verification process. Authorities will conduct a site inspection to carefully review all the submitted documents. 

• Once they have done so, you will receive the conversion order. You can download it directly from the portal.

Legal Consequences of Unauthorised Land Conversion

• If unauthorised conversion involves forged documents or false declarations, you may face charges under Sections 420 (cheating) and 468 (forgery for the purpose of cheating) of the IPC. When there is evidence of fraud or forgery in land conversion processes. Unauthorised conversions without such activities may still lead to penalties but not necessarily criminal charges. 

• You will be fined by the local authorities, such as the Revenue Department or Urban Development Authority. The amount fined may depend on factors such as the size of the land, the extent of unauthorised construction, and the deviation from approved land use. 

• Demolition orders can also be issued for unauthorised structures even if the land was converted properly but the construction violated building codes.

• If a property is sold after unauthorised conversion, the sale deed may be declared invalid by the courts under the Transfer of Property Act of 1882. 

Conclusion

The change from agricultural to residential use requires formal approval from local authorities and the submission of the necessary documents along with an affidavit. As it favours urbanisation and responds to housing needs, it brings some problems, including the destruction of farmland and environmental pollution. Conversion of land includes the legal formalities, tendering of relevant papers, and adhering to the set legal requirements of the regions. This is because as city areas expand, it will be challenging to manage growth and the effects on farmland and the general environment.

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