Legal Question in Real Estate Law in India

Sir

You can purchase a New Tenure Agricultural Land for Bona fide Industrial Purpose. For which you do not require any permission from Collector u/s 63 AA of Gujarat Tenancy & Agricultural Land Act, and under 65 B of the Bombay Land Revenue Code.

Now after you purchase this land, you have to notify the Collector and Mamlatdar regarding purchase of such land for Bona fide industrial purpose in prescribed form. Upon this notice being given, the Collector will initiate an inquire as to whether your purchase of such land is actually for bona fide industrial purpose or not and after inquiry he will issue a certificate, pursuant to which you shall commence the industrial activity within 3 years there from.

Now "bona fide industrial purpose" is statutorily defined to mean an activity of manufacture, preservation or processing of goods, or any handicraft, or industrial business or enterprise, carried on by any person and includes construction of industrial buildings used for the manufacturing process or purpose, or power projects or port projects and ancillary industrial usage like research and development, godown, canteen, office building of the industry concerned, or providing housing accommodation to the workers of the industry concerned, or establishment of industrial estate including a co-operative estate or service industry or tourism or cottage industry.

Now while sending notice to the collector and in the inquiry conducted by the Collector, you have to specifically demonstrate your business plan that how you propose to use such land for industrial purpose. The scheme has to be realistic and precise and not just merely an rough idea or thought. You should have all data and plans in place, otherwise, Collector will deny to issue certificate and the land will be forfeited.

Where are you based in Gujarat. If you require, i can assist you with the procedure.

Look forward to hear from you.

Best Regards

Vivek N Mapara

vnmlaws.com