Given the recent HC ruling on ban of unapproved plots or agricultural land and the new regularization scheme, what is the scope of a non agriculturalist buying a farm plot and construct a house for one third of land. In hosur bagalur there is such farm plot ready for sale where we can grow trees and build a house for one third space. Its an agricultural land with no approval. It just has good titles. Is it advisable to buy such farm plot. Kindly pls advise. But it is sold as a farm plot and not a residential plot. The developer claims that there is no need of approval for the same as they are selling as a farm land and we can build a house for one third of the space.
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You are at liberty to purchase agricultural land
2)in Tamil Nadu, there is no restriction for Purchase of any Agricultural land by resident indian . Anyone can Purchase an Agricultural land. The provision of Land Reforms Act states that a family with five members can maximum own 15 standard acres of agricultural land. Additional five acres is allowed for every member of the family, but all put together the maximum a family can own cannot exceed 30 standard acres.
Pls advise if construction of house for one third of the space is allowed with just panchayat approval. What would be the implication given the recent Madras HC ruling.
You can carry on construction in said plot after obtaining panchayat approval
2) Citing the notification of a new set of rules to regularise unapproved plots and layouts in Tamil Nadu, the Madras high court permitted the sale and resale of such sites on the condition that they are strictly in accordance with rules in a May 4 notification.
May 4 notification doesnt say anything about agricultural lands being used as farm plots and constructing in it. It says about regularizing already sold unapproved plots. Farm plot comes under unapproved plots or is it only residential plots that were unapproved? What is the nature of approval required to build a house in a farmland as there is no layout plan for a farmland. May I know the exact proportion of house that is allowed to be constructed on a 6000 sqft farm plot.
Madras HC has banned conversion of agricultural land into housing plots or for commercial purposes
2) it banned registration of un approved housing plots without approvals
3) HC banned the registration of plots and houses (for the sale deed, the transfer of ownership from seller to owner) that had not secured approval for the change in land use from agricultural to residential from appropriate authorities such as the Directorate of Town and Country Planning or the Chennai Metropolitan Development Authority.
4)land use of the plot can changed from agricultural to residential.and then construction can be carried on the plot for building house
5) according to Tamil Nadu Panchayat Building Rules, 1997, only the Directorate of Town and Country Planning can sanction housing plots,
The agricultural land bought to be used for agricultural purposes only.
The unapproved construction even in the name of farm house amidst agricultural land may attract the sore eyes of the authority and it may draw legal action on it.
The developer may tell and give plenty of reasons to make you purchase but he may not stand witness to the litigation in your support when it becomes a litigated property.
You better take a legal opinion from a lawyer on this before buying it.
Pls advise if construction of house for one third of the space is allowed with just panchayat approval. What would be the implication given the recent Madras HC ruling.
The high court order is very clear about the unapproved conversion of agricultural landed property.
The panchayat board approval is not valid in this regard.
Constructing a house in the landed property without approval from the competent authority without converting the property to NA may not be valid as per high court, hence see the possibilities.
May 4 notification doesnt say anything about agricultural lands being used as farm plots and constructing in it. It says about regularizing already sold unapproved plots. Farm plot comes under unapproved plots or is it only residential plots that were unapproved? What is the nature of approval required to build a house in a farmland as there is no layout plan for a farmland. May I know the exact proportion of house that is allowed to be constructed on a 6000 sqft farm plot.
Constructing a house property in the agricultural land without it being converted into NA and residential land is illegal and invalid
The recent ruling is not only for the regularisation of the past but it is clear that you may have to obtain approval from the competent authority i.e. T and CP department or any other authority meant for this.