Yes you can convert the same by filing the requisite application and fees for the same. The above thing can be taken care. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Constructing house on an Agricultural land in Maharashtra
If I own a 15 Guntha agricultural land in Maharashtra. How much construction for my personal house can be done on this land? The land falls under Green zone / Agricultural zone. I understand that, in normal cases we need to convert it to NA and then I can construct. But in Maharashtra we are allowed to construct a small home / storage place / processing plant on a farm to take care of the farm. My question is in how much area I am allowed to construct if I own a 15 Guntha land? Please refer below link. this mentions the construction area. http://www.landsofmaharashtra.com/agriculturalland.html Also I think I cannot apply for NA, as this is a Green zone / Agricultural Zone. Please confirm this as well.
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
You need obtain collector permission under section 41 of Maharashtra land revenue code
2) if the area of the agricultural holding on which one or more farm buildings are proposed to be erected is more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that agricultural holding Or 400 square metres, whichever is less : Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in part, for the residence of members of the family, servants or tenants of the holder, the plinth area of such building or buildings proposed to be used for residential purpose shall not exceed 150 square metres, irrespective of the fact that the area of the agricultural holding on which such building or buildings are proposed to be erected exceeds 0.6 hectare.
(4) The Collector shall not grant-such permission
(a) (i) if the area of the agricultural holding on which such building is proposed to be erected is less than 0.4 hectare;
(ii) if the height of such building from its plinth level exceeds 5 metres and the building consists of more than one floor, that is to say, more than ground floor;
Thank you for your answers. I see two different opinions here. Hence different follow-up questions. 1. Mr. Prashant Nayak, What would be the way this can be taken care? I mean what are the other ways I can get the permission to built a house? Is it approving the building as a part of processing / packaging unit or something similar? 2. Mr. Ajay Sethi, As I own 15 Guntha, and hence it is much lesser than the 0.6 hectare. So according to your information I cannot construct anything here. But what if I do underground construction or a construction that doesn't reduce the amount of land on which I can do farming. There are many house models now a days where I can grow vegetables on wall and terrace. I understand this depends on how the wordings of the law is constructed. Can you please throw some light on this approach?
Asked 3 years ago
No NA conversion is allowed in green/agricultural zone. For construction minimum area has to be 20 gunthas, as your land extent is only 15 gunthas, no construction is allowed on your land. Underground construction is also construction. You cannot play mischief wi law.
the area of the agricultural holding on which one or more farm buildings are proposed to be erected exceeds 0.4 hectare but does not exceed 0.6 hectare, the plinth area of all such buildings shall not exceed 150 square metres;
As per the circular of Maharashtra govt it's possible
Dear Sir/Ma'am,
1. A house attached to a farm and construction in a portion of agricultural land, used for the residence of the agriculturist or for purpose of keeping agricultural stocks, shall not be more than 10% of his holding.
2. For making construction in the Green Belt, you shall have to take permission from the Deputy Commissioner.
As per law, land situated at the Green Belt can not be used for commercial purposes unless special permission is taken to that effect.
Thank You.
Farm building:- It means a structure erected on the agricultural land for the purposes as mentioned below;
- for residence of members of the family, servants or tenants of the holder,
- for the storage of agricultural implements, manures or fodder,
- for the storage of agricultural produce,
- for sheltering cattle.
- for any other purpose which is an integral part of his cultivating ;(ex crushing, sifting etc.
Maximum Plinth Area Allowed To Construct i.e., Area Of The Land for residence in meters for less than 0.4 hectares is Nil ;
and Exceeds 0.4 Hectare But Does Not Exceed 0.6 Hectare area of land For the Residence In Metres is Up to 150.
and Area Of The Land More than 0.6 Hectare For the Residence In Metres is Up to 150.
Permission is required to obtain before erection of any farm building or carrying out any work or renewal of, re-construction of, alterations in, or additions to, any such farm building, on any land which is situated within the area falls under
(1) *Planning Authorities jurisdiction or within the area covered by the
(2) **Regional Plan,
(3) ***Town Planning scheme, or proposals for the development of land (within the †notified area)or (an area designated as ) the site of the new town, whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966; and
- the area within eight kilometres from the periphery of the limits of Municipal Corporations of Mumbai, Pune and Nagpur,
- the area within five kilometres form the periphery of the limits of any other municipal corporation;
- the area within three kilometres form the periphery of the limits of A class municipal council.
i. if the area of the agricultural holding on which one or more farm buildings are proposed to be erected exceeds 0.4 hectare but does not exceed 0.6 hectare, the plinth area of all such buildings shall not exceed 150 square metres; and
ii. if the area of the agricultural holding on which one or more farm buildings are proposed to be erected is more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that agricultural holding or 400 square metres, whichever is less:
Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in part, for the residence of members of the family, servants or tenants of the holder, the plinth area of such buildings or buildings proposed to be used for residential purpose shall not exceed 150 square metres, irrespective of the fact that the area of the agricultural holding on which such building or buildings are proposed to be erected exceeds 0.6 hectare.
if only one farm building is proposed to be erected on an agricultural holding, "plinth area" means the plinth area of that building, and if more than one farm buildings are proposed to be erected on an agricultural holding,"plinth area" means the aggregate of the plinth area of all such buildings.
- As per law, an agricultural land cannot be used for residential purposes, and you cannot construct a house on agricultural land for residing.
- However you can construct farm house or temporary structure on agriculture land with the permission of the local authority/panchayat
- Generally to build farm house 4 % of total area allowed, and showing that you will keep your farm equipment, livestock
- Otherwise , you will have to convert the land to non agriculture
