Can I construct a building on agricultural land in Pune?
1 min read . Updated: 07 Mar 2023, 11:05 PM IST
PremiumAny development within a specified area will be governed by the applicable development norms stipulated under a regional development plan, published by the planning authority, under the provisions of the Maharashtra Regional and Town Planning Act, 1966.
Can I construct a building (residential or commercial) on a 1,500 sq ft plot that is classified under agricultural and no development zone in Pune at present? Will I get a bank loan for such construction?
—Ghanshyam Tiwari
Any development within a specified area will be governed by the applicable development norms stipulated under a regional development plan, published by the planning authority, under the provisions of the Maharashtra Regional and Town Planning Act, 1966.
As per the query, the property is within the agricultural and no development zone. In this specified zone, no development is permissible as per the prevalent land development norms. However, in certain situations (e.g. proximity to a village boundary, etc.) some development can be undertaken. To ascertain this, it is advisable to seek the opinion and advice of an architect.
I am interested in buying some agricultural land around Pune for farming. What are the rules involved in buying farmland and do I need any special permission to buy such land?
—Name withheld on request
Section 63 of the Maharashtra Tenancy and Agriculturist Land Act, 1948, clearly states that no agricultural land can be bought by a non-agriculturist (any individual who is not a farmer) without prior permission of the authorities concerned. In case no prior permission is obtained, the land can be bought in the manner set out in the aforementioned section . 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 Agriculturist Land Act defines an agriculturist as one who cultivates the land personally. You can buy agricultural land in your name as long as you are cultivating the land yourself. It is also advisable that you consult a local lawyer prior to acquiring the land so that the title of the property can be ascertained prior to purchasing the same.
Bhushan Panse is a partner and Mitali Naik is an associate partner at DSK Legal