We have an existing hotel built in Rajasthan since 1960. The land is a free hold patta from the king. The land has also been marked commercial in the Master Plan. We have got permissions from Nagar Nigam to build the hotel in 1960 and again in 2005. Now, I want to demolish the hotel and build a new hotel building on it. Do I need to change the land use as per the Rajasthan Govt policies and acts? Will I have to pay for conversion charges?
Asked 4 years ago in Property Law
Religion: Hindu
Thanks a quick response. The new building will have more rooms and the layout is completely different than the existing hotel, thus I have reapplied for the new building permission. They are asking me to change the land use to "Hotel", though as per the Rajasthan Govt Tourism Policy, I don't need to pay any conversion charges, but this would be time consuming and making a free hold land into a leased land. Do you have any notification to this effect?
Asked 4 years ago
Thank you for all the answers. The Govt authorities are asking for a CLU, as this land is marked commercial in the master plan, but is still "Abadi" status. When the first permission was taken in 1960, that time there was no CLU required. This is a free hold Raja Patta land. Our argument is that this being marked commercial in the master plan and a hotel being operated on it since 1960, we should not have to do CLU. Though there are no charges for the CLU as per the Tourism Policy of Rajasthan, but why would I want to waste that time for getting the CLU and also give up my rights of a free hold patta to make this a leased land, where in I would have to pay lease charges for this land to the Govt on a yearly basis. The order for converting all "Abadi" lands was passed in August 2019 by the UDH and LSG.
Asked 4 years ago
They are saying that the land in question has been marked commercial in the master plan, but there was no CLU done in 1960, thus they are asking me to do a CLU now. The hotel has been been running since 1960 and I want to demolish the building a build a hotel as per the new building bylaws. The authorities say that it was marked commercial in the master plan because it was a hotel, but they are asking that for approving new maps the CLU is a must as per an order which was taken out in November 2019 by the Chief Town Planner of Rajasthan. The order states that every abide land needs to have a CLU. Have gone to the highest authority, but as always the highest authorities are fed the information by the lowest authority. Will have to get the CLU done, dont see the point of going to the court, as that would delay my project.
Asked 4 years ago