Provisions of Land Revenue Acts and Town Planning Act need to be supplemented

- Lokabhimukha Guidance - H.S. Patel IAS (Retd.)

- The provisions of the TP Act need to be 'Overriding' over the Land Revenue Act continued from

In the previous article, the process of non-agricultural under the provisions of Section-65 under the Land Revenue Act and how this provision has been formalized in the present time, the main purpose of land revenue can be determined and collected for non-agricultural use, as well as for construction activities and productive use of land. Said to follow the provisions of TP Town Planning. In states like Gujarat, Town Planning Act is in force and this Act has been in force since 1976. Gujarat is the most urbanized state in the country. About 50% of Gujarat's population will be in cities around 2025 and the extent of industrialization shows that some areas around or around cities are industrially developed. Like Changodar, Bavla, Sanand of Ahmedabad. Por, Waghodia, Savli, Halol etc. of Vadodara. Surat's Kosamba, Mangarol, Kadodara. Shahpur, Veraval, Metoda in Rajkot are examples of these areas which are outside the municipality/municipality. Consider that there is a provision for direct purchase of agricultural land for non-agricultural use under Section-65B of the Land Revenue Act or Section-63AA of the Act for Bonafide Industrial Purpose but in urban areas Master Development Plan under TP Act is in force and as part of well-planned development in these areas which needs the development inclination of that area. Land use plan is approved in consideration and TP scheme (Town Planning) is prepared as part of implementation of master development plan and in which final plot (FP) is given to each original survey number (OP) land holder following legal process i.e. cities. If the non-agricultural use has already been determined as per the master development plan, only the non-agricultural nature of these lands should be approved with the development plan i.e. the provisions of Section-65 of the Land Revenue Act should be given overriding effect under the TP Act in the master development area of ​​the cities. Further, the land revenue record should also be maintained and treated as final once included in the Master Development Plan / TP. Thus, when non-agricultural purpose and construction is to be done as per the Master Development Plan, then the permission of Section-65 of the Land Revenue Act should be limited enough to determine the non-agricultural law as secondary.

When the Land Revenue Act-1879 came into force, there was no administrative body other than the Collector, so construction maps along with permission for non-cultivation were also approved by the Collector. E.g. GPMC Sections 251 to 262 of the Municipal Corporation Act contain provisions for building permission as in the Municipal Act. In the Town Planning Act, land use plan of master development and TP scheme, zone based construction is available and for permission of this construction GDCR (General Development Control Regulation) is approved by Urban Development Department and now common GDCR is implemented for the entire state. So the construction in different areas in a controlled manner has to be done as per the provision of GDCR. In this GDCR, the height of buildings according to road of different levels, FSI. (Floor Space Index) margin etc. has been determined and the type of construction admissible in different zones has also been determined and is to be followed accordingly so as per the provisions of the said TP Act Section-65 of the Land Revenue Act has become irrelevant for the purpose of construction. In fact, after the land is converted to non-cultivation, village model No.-2 has been updated to collect non-cultivation permanently from the concerned occupants, regular revenue collection system needs to be done by the Collector and as all things have been computerized, demand for recoverable non-cultivation is online. Can be generated and paid (online payment) it is necessary to make arrangements accordingly.

Besides, as per the provisions of the TP Act, all the lands in the area where master development and TP scheme are implemented have been zoned, non-agricultural land should be designated as non-agricultural and the land revenue record maintained in 7 x 12 instead of 7 x 12. Its property card needs to be prepared. E.g. 7 x 12 for rural land. In the areas where CT survey has been entered, the property card and the land included in the TP scheme other than agricultural land and finally the area of ​​the final plot finalized in the TP are accepted. But not actually implemented and due to which every land occupier / plot holder has declared 7 x 12 of land held by all land / plot holder except the area where CT survey has been declared, record certified. So that the record of the land included in the TP scheme, when the final plot is allotted following all the legal procedures, then according to the final scheme, the record of land revenue should be written, a certified declaration should be made, only then the plot / land holders will receive a legal document in the form of land title. As per the current practice, all the land holders have to submit the original 7 x 12, CT survey property card and if there is a TP scheme in that area, 'F' form containing the area of ​​the final plot. Thus, the land holders in such an area have to submit the revenue records of different divisions as a basis for extracting revenue records. There is no classification so that the State Government needs to limit the provisions of Section-65 of the Land Revenue Act to the non-cultivation permit as a formality only to the collection of non-cultivation duty. It is in public interest that the state government takes action in this direction as part of Ease of Doing Business.