Government may allow conversion of agricultural land to non-agriculture use

In an attempt to appease about 30 lakh people living in unauthorised colonies before municipal elections scheduled for April 2017, the AAP government has initiated the process to amend certain sections of the Delhi Land Reforms Act, 1954 for conversion of agricultural land into non-agricultural use in the national capital. The AAP government’s revenue department is also seeking public opinion about replacing these sections in the Land Act.

Some amendments proposed in the Act, put up in public domain by the revenue department, said: “Notwithstanding anything contained in any law for the time being in force, including the Delhi Development Act 1957, the government may permit conversion of agricultural land into non-agriculture use as prescribed in the rules, subject to prevailing planning norms.”

If the amendments in the Act are effected, about 1,000 of the 1,639 unauthorised colonies on the agricultural land will be regularised and the same land can also be used for carrying out commercial activities.

The proposed amendments said: “A bhumidar (landowner) may partition his agriculture or non-agriculture land through mutual settlement with other co-owners, duly registered and after payment of stamp duty applicable to conveyance, and apply to the revenue assistant for ordering the corrections in the revenue records. Provided any person contravening the aforesaid provision shall be liable for imprisonment up to three years and a fine up to '10 lakh or both. Where an offence has been committed by a company which, at the time offence was committed was in-charge of, and was responsible to the company for the conduct of the business of the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

“Provided further, the revenue assistant shall also be competent to auction property so constructed or under construction through illegal colonisation and credit sale amount earned through auction into the government treasury. The property, along with land, shall stand transferred to the person wining the auction.”

The erstwhile Sheila Dikshit government had also approved a proposal in a 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. Earlier, even deputy chief minister Manish Sisodia had 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. The Section 81 of the DLR Act states that agricultural land should be used for agricultural purposes only.

A senior bureaucrat said 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.