Legal Question in Administrative Law in India

24.10.2013

Dear Sir / Madam,

Land is one of the primary requirements for establishing an industrial unit or enterprise. Any entrepreneur, who wants to setup an industrial unit in the state of U.P., may obtain/arrange land in two ways- one is through direct purchase from land owners and other is through allotment from Govt. agencies in their notified area /industrial area/estate. The details are as under :-

1. Through direct Purchase from land owners -

(a) An enterpreneur may establish an industrial unit or enterprise any where in the state by purchase of land directly from land owners, where requirement of land is up to 12.50 acres, however the enterpreneur will have to seek permission for change of use of land under section 143 of UPZALR act 1950. For details and procedure please refer to section 143 of UPZALR act 1950.

(b) If requirment of land exceeds 12.5 acres, the enterpreneur has to seek permission from Govt. u/s 154(2) of UPZA&LR;Act 1950. The Divisional Commissioners have been authorized to grant permission for the purchase of land in excess of 12.5 acres for setting up industry. For this purpose, an application will have to be submitted with General Manager, District Industries Centre of the district concerned. (Please see G.O. No.10 dated 09.01.1989 & No. 180 dated 30.05.1994)

(c) In order to arrange land for important and mega projects, a simplified and clearly defined procedure has been laid down for land-use change of agricultural land for other uses by decentralizing the powers of �Land Use Board�, under which :-

i. District Land Use Committee under the chairmanship of District Magistrate has been authorized to grant approval for up to a land area of 50 acres. ii. For the land area in excess of 50 acres, Land Use Committee at division level under the Divisional Commissioner has been authorized for the approval. (Please see G.O. No.14 dated 03.01.2007).

Regards,