Delhi government wants to change land use
Conversion of agricultural land for commercial activity prohibited
Conversion of agricultural land for commercial activity prohibited
With the AAP government yet to settle the contentious circle rate issue, it is now in the process of raking up another controversy over conversion of agricultural land for carrying out commercial and residential activities in the national capital.
The law prohibits the conversion of agricultural land for carrying out any commercial or residential activity. The existing law has reportedly not only proved to be one of the main hindrances in regularising unauthorised colonies, it is also being grossly misused by authorities to harass farmers.
On one hand, lieutenant-governor Najeeb Jung had directed the AAP government to maintain status quo on the new circle rates it had notified for the agriculture land, on the other hand the AAP government is said to be planning to charge conversion fees to change the use of agricultural land to carry out commercial and residential activities. The Kejriwal government is also in the process of bringing in a proposal on the change of land use with a rider that all construction activities would be strictly allowed as per the existing building bylaws. The proposal would also spell out heavy penalties which would be imposed on those who do not follow the building bylaws.
A senior official, however, said that the land use in Delhi could be changed only after getting amendments done in the Delhi Land Reforms Act. Since the land is under the jurisdiction of the Centre, these amendments can be effected only through an Act of Parliament. The state administration has no control over land, police and public order in Delhi.
At a recent high-level meeting, deputy chief minister Manish Sisodia directed the secretary (revenue) to bring in a Cabinet proposal for replacement of Section 81 (ejectment for use of land in contravention of the provision of this Act) and removal of Section 33 of the Delhi Land Reforms Act 1954. According to Section 81 of the DLR Act, agricultural land should be used for agricultural purposes only.
It says that “A Bhumidhar or an Asami shall be liable to ejectment on the suit of the gaon sabha or the land holder, as the case may be, for using land for any purpose other than a purpose connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, and also pay damages equi-valent to the cost of works which may be required to render the land capable of use for the said purposes.
The Section 33 of the Act says that “no Bhumidhar shall have the right to transfer by sale or gift or otherwise any land to any person, other than a religious or charitable institution or any person in charge of any such Bhoodan movement, as the chief commissioner may, by notification in the official gazette, specify, where as a result of the transfer, the transferor shall be left with less than eight standard acres in the Union Territory of Delhi.”
Many officials are of the view that Sections 81 and 33 need to be removed to put an end to the harassment meted out to the farmers. The erstwhile Dikshit government had approved a proposal through Cabinet decision regarding applicability of provisions of Section 81 of the DLR Act 1954. Following the Cabinet decision, the revenue department had also brought in a circular in this regard.