Legal Question in Real Estate Law in India
Use of industrial Land
A company purchased agricultural land somewhere in Maharashtra while it was considering the extension of its manufacturing plant. This land after purchase had not been intimated to the collectors office for change of use from agricultural to industrial within the specified period. The collectors office has now issued a fine for non intimation. This fine has been paid, however, my question is, (a)does this land have to be converted into industrial? (b) Can the company ask for the land to be used as agricultural as part of a backward integration plan for its production unit?
2 Answers from Attorneys
Re: Use of industrial Land
First - you have to take post facto permission - maily for fixation of Non-Agricultural Tax. Second - reconversion from Non-Agricultural to Agricultural seems difficult. Further, in case of a company, there are restrictions to purchase agricultrual land under B.T.A.L. and prior permission of the Collector of District is contemplated.
Re: Use of industrial Land
One needs to see your Memorandum and Articles to identify wether at the time of purchase you were authorised to do agricultuaral activity or not? Only an agicultuarist may acquire an agricultural land is a legal stipulation - hence this also needs to be seen - there are lots of grey areas in your question - to give an appropriate answer one needs to look at Comany's act also along with BTAL Act.
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