Land is a precious resource required for performing various economic activities. It is used for the different purposes. Human cannot live without water and food, this order includes healthy land and soil, they can do all economic activities only on land. It can be said that living things in the world cannot live without the four main sectors- water, food, shelter and place and these are all the factors man can get from the land itself. We can turn vacant land into a hospital, school, college or living space. A man can also use the land for various purposes such as mining, agriculture, forestry, buildings roads and setting up factories. Before buying land, one should know its purposes so that only he will be able to decide which type of land one should buy.
The total area of Uttarakhand is 53,483 sq.km. Almost the entire region of the state is covered by mountains (approximately 93%) and forest show up on about 64% of the mountains. There are 13 districts in Uttarakhand which are grouped into two divisions, Kumaon and Garhwal. According to 2011 Census Haridwar, Dehradun and Udham Singh Nagar are the most populous districts each having a population of over one million.
Different Types of Land Use in Uttarakhand
- Residential Land (आवासीय भूमि) - This type of land use is primarily meant for residential purposes, including single or multi-family dwellings. There are many different types of residential land, including low-density housing, medium-density housing, high density housing and mixed-use development. Each of these types is categorized by how many individuals can be living on the land.
- Commercial Land - It is intended for structures like warehouses, shopping malls, shops, restaurants and office spaces. Commercial zoning laws control the kind of operations a business can perform, and the category of business allowed in the region. There are some regulations that must be adhered to including the provision for parking facilities, permissible building height, setback
- Industrial Land - Industrial land use is classified into different categories, depending on the type of industry. Businesses belonging to light, medium and heavy industries are allowed to set up operations in the industrial zones, including factories, warehouses, and shipping facilities. However, there may be some environmental regulations that must be followed.
- Agricultural Land (कृषि भूमि) - Agricultural zoning pertains to the preservation of land parcels against non-agricultural use. There are laws pertaining to the number of non-farm dwellings, property size and activities allowed in these zones.
- Recreational Land - In thiscategory, the land is utilised for the development of open spaces, parks, playgrounds, golf courses, sports arenas and swimming pools.
General Residential Zoning - R1, R2, R3, R4, R5
- Zone R1 (General Residential) - It fulfils housing need of the community by providing variety of housing types. It meets the day-to-day needs of resident.
Permitted without consent - Home Occupation
Permitted with consent - Attached dwellings, bed and breakfast accommodation, boarding houses, childcare centres, community facilities, dual occupancies, dwelling houses, environmental facilities, group homes, hostel, multi dwelling housing, neighbour shops, places of public worship, recreation areas, residential flat buildings, roads, semidetached dwellings, senior housing, service apartments, shop top housing, signage.
- Zone R2 (Low Density Residential) - It fulfils the housing needs of the community within a low-density residential environment. It enables other land uses that provide facilities or services to meet the day to day needs of residents.
Permitted without Consent - House Occupations
Permitted with Consent - Bed and breakfast accommodation; Boarding houses; Boat launching ramps; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Exhibition homes; Exhibition villages; Group homes; Health consulting rooms; Hospitals; Hostels; Information and education facilities; Jetties; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Signage; Veterinary hospitals
- Zone R3 (Medium Density Residential) - The objective of this zone is to provide for the housing needs of the community. It provides a housing type within a medium density residential environment
Permitted without Consent - Nil
Permitted with consent- attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Veterinary hospitals.
- Zone R4 High Density Residential - The objective of this zone is to provide housing needs of the community within a high-density residential environment. It allows for high density residential development near the city centre and other commercial centres.
Permitted without consent - Nil
Permitted with consent - Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Exhibition homes; Exhibition villages; Group homes; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Residential flat buildings; Roads; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Signage; Veterinary hospitals.
- Zone R5 (Large not Residential) - The objective of this zone is to provide residential housing in a rural setting while preserving and minimising the impacts on environmentally sensitive locations and scenic quality. It ensures that development in the area does not hinder the proper and orderly development of urban areas in the future. It minimises the conflict between land uses within the zone and land uses within adjoining zones.
Permitted without consent - Home Occupation
Permitted with consent - Animal boarding or training establishments; Bed and breakfast accommodation; Business identification signs; Childcare centres; Community facilities; Dwelling houses; Exhibition homes; Farm buildings; Places of public worship; Recreation areas; Roads; Roadside stalls.
Uttarakhand Land Use Conversion - Section 143
Uttarakhand land conversion is a process of converting agricultural land for non-agricultural purposes (कृषि भूमि को आवासीय में कैसे बदलें). Agricultural properties cannot be utilised for development purposes such as residential, industrial, commercial or medical facilities apart from the conversion of the land into non-agricultural lands. As per the law agricultural land in the Uttarakhand cannot be used for the development purpose, without the permission from the prescribed authority.
The Uttarakhand Zamindari Abolition and Land Reforms Act moderates the process of changing the land use from agriculture land to non-agriculture purpose in Uttarakhand. The process of Conversion of land be completed on verification, if it is found that the owner of the property fulfils all the conditions, a conversion order will be granted to the landholders. Sub-Divisional Magistrate is the prescribed authority for this process.
Eligibility Criteria for Land Use Conversion
Any legal holder, if land holders are more than one then each possession holders need to make application with a standard signature.
Time Frame - Within 40 days from the date of application
Documents Required for Land Use Conversion in Uttarakhand
- Entry application
- Latest copy of village sample
- Account number village sample copy
- If the proposed land is premium, the copy of the order of collector
- Supporting evidence for mortgages if deducted
- “F” form for allotment of the land under the T.P
- Certification of zone issued by the Chief Executive Officer in Urban or Area Development Authority.
Procedure of Land Use Conversion in Uttarakhand (कृषि भूमि को आवासीय उपयोग के लिए कैसे करें परिवर्तित)
- The first step is to submit application form with required documents to the Sub-Divisional Magistrate in whose jurisdiction property is situated.
- After receiving non-agricultural permission, SDM will verify the evidence and the accept the request for land conversion.
- After scrutinising the form, the SDM will forward the application to Tehsildar within two days.
- Tehsildar will ask for a report from Revenue Inspector within ten days and the inspector will visit the premises.
- Tehsildar verifies the application form and submits the report with his remarks to SDM with 3 days
- SDM will issue the notice to concern for objections if any and objections can be submitted within 21 days.
- If the sub-divisional officer (SDO) or Sub-Divisional Magistrate have any case, it will be verified within twenty-one days of receipt and forward it to Tehsildar and proceedfor obtaining opinions as described above.
- After receiving an opinion of Tehsildar, sub-divisional officer (SDO) or Sub-Divisional Magistrate (SDM) will decide about issuing the non-agriculture usage permission within the time limit.
- The SDO/SDM after verification, issue permission for Uttarakhand land conversion.
- The Tehsildar authority, after the issue of the conversion order, change the particulars of the tenancy land by making necessary entries in the Uttarakhand revenue records (ROR)
Purposes of Uttarakhand Use Land Conversion
- Educational purpose
- Residential Purposes
- Charity Purpose
- Commercial Purposes
- Mineral, Bricks production and other Industry
- Animal rearing and husbandry
- Systematic farming and dairies such as isolated farms specialising in horticulture, rising of genetically enhanced crop or agriculture needs specialised abiotic premises.
- Medical facilities
- Public utility of use to the state or district
- The public or semi-public service of land use to the community, tribe or an entire Anchal Ceremonials purposes
Exempted Lands for Uttarakhand Land Conversion
- Land which is under the Central or Uttarakhand Government firm about the management of Coastal Regulation Zone
- Landfalling within the boundary limit of any railway line or national highways
- Land earmarked as a controlled land in any development plan notified by the Uttarakhand Government under the Uttarakhand Urban Land Ceiling Code,
- Land identified and declared by the State Government through its Forest Department as Protected Forests
- Uttarakhand land conversion cannot be done in the zones of irrigation project and those about the environment, public health, peace or safety.
