Procedure for conversion of use of land from one purpose to another

Section 32 of the Goa, Daman and Diu Land Revenue Code, 1968 deals with procedure for conversion of use of land from one purpose to another. If an occupant of land or a tenant of such land- (a) which is assessed or held for the purpose of agriculture wishes to use it for a non-agricultural purpose, or (b) where land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or (c

(1) If an occupant of land or a tenant of such land- (a) which is assessed or held for the purpose of agriculture wishes to use it for a non-agricultural purpose, or (b) where land is assessed or held for a particular non-agricultural purpose, wishes to use it for another non-agricultural purpose, or (c) desires to use it for the same non-agricultural purpose for which it is assessed but in relaxation of any of the conditions imposed at the time of grant of land or permission for such non-agricultural purpose, such occupant or tenant shall, with consent of the tenant or, as the case may be, of the occupant, apply to the Collector for permission in accordance with the form prescribed.

(2) The Collector, on receipt of an application,- (a) shall acknowledge the application within seven days; de (b) may, unless the Collector directs otherwise, return the application if it is not made by the occupant or, as the case may be, the tenant or if the consent of the tenant, or as the case may be, of the occupant has not been obtained, or if it is not in accordance with the form prescribed; en not hanto (c) may, after due enquiry, either grant the permission on such terms and conditions as he may specify subject to any rules made in this behalf by the Government; or refuse the permission applied for, if it is necessary so to do to secure the public health, safety and convenience or if such use is contrary to any scheme for the planned development of a village, town or city in force under any law for the time being in force and in the case of land which is to be used as building sites in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of the occupiers or are suitable to the locality; where an application is rejected, the Collector shall state the reasons in writing of such rejection. 24[(3) The Collector shall take a decision on the application within a period of sixty days from the date of receipt of the application and in case of his failure to do so, the person shall have the right to make an appeal to the Secretary (Revenue) to the Government who shall dispose of the appeal within a period of thirty days from the date of filing of appeal.] (4) The person to whom permission is granted. 25[ ] under this section shall inform the Mamlatdar in writing through the village accountant of the date on which the change of user of land commenced, within thirty days from such date.

(5) If the person fails to inform the Mamlatdar within the period specified in sub-section (4), he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but not exceeding five hundred rupees. 24 Sub-section 3 substituted by the amendment Act 14 of 1988. 25 The words "or deemed to have been granted" omitted by the Amendment Act 14 of 1988. - 849 - 26[(6) When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the holder thereof in the prescribed form, on payment of fees at the following rates, namely :- (i) Personal housing Rs. 20/- per square metre.

(ii) Commercial/Industrial housing C 1-200 FAR Rs. 100/- per square metre. C 2-150 FAR Rs. 80/- per square metre. S 1-100 FAR Rs. 60/- per square metre. S 2-80 FAR Rs. 40/- per square metre. Rs. 40/- per square metre. I 2-80 FAR (iii) Commercial/Industrial housing in C1-200 FAR under 'A' class Municipalities and Coastal Areas.

(b) Commercial/Industrial housing in C2-150 FAR under 'A' class Municipalities and Coastal Areas. press a Rs. 120/- per square metres (iv) For any constructions- (a) in Coastal villages falling within (b) beyond 500 metres from HTL Rs. 80/- per square metre.

Provided that no such fees shall be leviable in cases where sanad is granted - (i) for an area not exceeding two hundred square metres;

(ii) for the purpose of churches, temples, mosques, gurudwaras, sports, hospitals or educational, charitable, cultural or religious institutions.] (7) It shall be lawful for the Collector, either on his own motion or on the application of a person affected by the error to direct at any time the correction of any clerical or arithmetical error in the sanad arising from any accidental slip or omission.

Section 32, The Goa, Daman and Diu Land Revenue Code, 1968 (Act 9 of 1969).