Can I construct a building on agricultural land in Pune?

—Ghanshyam Tiwari

Under the provisions of the Maharashtra Regional and Town Planning Act, 1966, any development within an area specified under a regional development plan published by the planning authority shall be governed by the applicable development norms.

As per enquiry, the property is in agriculture and no construction zone. In this designated area, no development is permitted as per the prevailing land development norms. However, in certain situations (like proximity to village limits, etc.) some development can be done. To ascertain this, it is advisable to take the opinion and advice of an architect.

I am interested to buy some agriculture land around pune for farming. What are the rules involved in buying agricultural land and do I need any special permission to buy such land?

Name withheld on request

Section 63 of the Maharashtra Tenancy and Farmers’ Land Act, 1948 clearly states that no agricultural land can be purchased by a non-agriculturist (any person who is not a farmer) without the prior permission of the authorities concerned. If no prior permission is obtained, the land may be purchased in the manner prescribed in the above clause. However, there is no bar on purchase of agricultural land by an agriculturist (subject to the Land Ceiling Act and other applicable laws).

The Maharashtra Tenancy and Cultivator’s Land Act defines a cultivator as one who cultivates land individually. You can buy agricultural land in your own name as long as you are doing farming yourself. It is also advised that you consult a local lawyer before taking the land so that the title of the property can be ascertained before purchasing it.

Bhushan Panse is Partner and Mitali Naik is Associate Partner at DSK Legal