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2025 Supreme(Mad) 3612
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Ramakrishnan - Appellant
Versus
The President Manmalai Panchayat Union - Respondent
W.M.P. Nos. 30927, 30929 of 2024
Decided On : 14-02-2025
Advocate Appeared:
For the Appellant : S. Ilamvaludhi
For the Respondents: B. Sanjay Balachnader, S. Yaswanth, S. Senthil, A. Pramila, T. Chandrasekaran
Conversion of agricultural land to non-agricultural purposes requires strict compliance with statutory procedures, including obtaining necessary approvals from competent authorities.
Headnote:(A) Tamil Nadu Town and Country Planning Act, 1971 - Section 47A - Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rule, 2017 - The petitioner sought to convert agricultural land to non-agricultural purposes but failed to obtain requisite approvals from the Panchayat Union and other competent authorities, rendering the application invalid. (Paras 2, 5, 8, 10, 12)
(B) Writ Jurisdiction - The court reiterates that conversion of agricultural land requires adherence to all statutory procedures to safeguard public interest and agricultural integrity. (Paras 11, 13)
Facts of the case:
The petitioner owns 6.31 acres and applied for conversion, claiming compliance with all necessary regulations. Objections arose from neighboring landowners regarding potential impacts on agriculture.
Findings of Court:
The court found that the lack of prior approval and necessary concurrences led to the denial of the petitioner’s application. Statutory procedures must be adhered to for conversion.
Issues: The court addressed whether the petitioner obtained necessary approvals for land conversion and the validity of claims against objections from neighboring landowners.
Ratio Decidendi: The court emphasized that agricultural land conversion must comply with statutory requirements, stating non-compliance invalidates such requests and noting that public interest must be considered. The conversion cannot proceed without proper permissions.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. petitioner's claim for land conversion. (Para 1 , 2) |
| 2. arguments against petitioner's application. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal requirements for land conversion. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's decision on application denial. (Para 13) |
| 5. writ petition dismissed. (Para 14 , 15) |
ORDER :
1. The proceedings of the 1st respondent/President, Manmalai Panchayat Union, Sentharapatti Post, Gingavalli Taluk, Salem District dated 25.04.2024 is sought to be assailed in the present writ petition. Further direction is sought for to forward the application submitted by the petitioner to the authority under Rule 4 of the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rule, 2017.
2. The petitioner states that he is the owner of the land measuring to an extent of 6.31 acres situated at Modakkupatti Village and has applied for conversion of agricultural land to non-agricultural purposes in non-planning areas.
3. Mr. S. Ilamvaludhi, learned counsel for the petitioner mainly contended that the petitioner has obtained necessary certificates from the competent authorities, including no objection certificates from Tamil Nadu Fire and Rescue Service and the Tamil Nadu Pollution Control Board. However, despite submitting all necessary certificates, no action has been taken to forward the application submitted by the petitioner under Rule 4 of the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Area) Rule, 2017. Thus, the petitioner is constrained to move the present writ proceedings.
4. The learned counsel appearing on behalf of the impleaded respondents 6 to 12 would submit that the impleaded respondents are neighbouring land owners utilising their lands for agricultural purposes. In the event of granting permission for converting agricultural land to non-agricultural land would affect the agricultural activities in that locality. Consequently, other agriculturists in that locality have submitted objections to reject the application.
5. It is further contended that the petitioner had not obtained prior approval from the Panchayat, nor concurrence from the District Collector and Director of Town and Country Planning. Therefore, the present writ petition is to be rejected.
6. Mr. T. Chandrasekaran, learned Special Government Pleader appearing on behalf of the respondents 3 to 5 would oppose by stating that the procedures as contemplated under Section 47A of the Tamil Nadu Town and Country Planning Act, 1971, and the Government order passed in G.O.Ms.No.79, Housing and Urban Development Department [UD4(3)] dated 04.05.2017, is to be followed for the purpose of conversion agricultural land to non-agricultural land.
7. The learned counsel for the 1st respondent/Manmalai Panchayat Union would submit that no prior approval was granted by the Panchayat Union for establishing a factory on the agricultural land in question. Since the petitioner purchased the land for conversion, prior permission from the Panchayat Union is mandatory under the Act, but was not obtained. Therefore, the writ petition is devoid of merits.
8. Section 47A of the Tamil Nadu Town and Country Planing Act, 1971 contemplates procedures to be followed for conversion of agricultural land to non-agricultural land in non planned region. The Rules framed under the Act also contemplates procedures.
9. The Government order in G.O.Ms.No.79 dated 04.05.2017, was issued in exercise of powers conferred under Sub-Section (1) of Section 122 , read with Section 47A of the Tamil Nadu Town and Country Planning Act. These Rules prescribe procedures to be followed for the purpose of conversion of agricultural to non-agricultural land.
10. Pertinently, the petitioner has not obtained any concurrence from the competent authority. The 1st respondent states that no prior approval has been granted by the Panchayat Union for conversion of agricultural land. Consequently, any construction on the land
