AI Overview...
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Lands for Building or Non-Agricultural Purposes - Such lands are liable to assessment under non-agricultural assessment rules, with specific rates applicable depending on the use (Section 45, 48, 65-68, 80-B of 1879) Rangildas Varajdas Khandwala VS The Collector of Surat and Anr - Bombay.
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Use for Building and Non-Agricultural Purposes - Lands used for both purposes can be subject to appeals and assessments; lands exclusively used for non-agricultural purposes, including building, are distinguished from agricultural lands and may be exempt or subject to different legal treatment Prahlad K. Modi VS State Of Gujarat - Supreme Court.
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Court Decisions on Non-Agricultural Use - Courts have vacated permissions for erecting buildings solely for non-agricultural purposes, emphasizing that such use should be strictly regulated and that diversion of land for non-agricultural purposes requires proper authorization; unauthorized diversion can be prohibited Sri Rajah Vyricherla Narayana Gajapati Raju Bahadur VS Konathala Jaggayya - Madras.
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Construction and Conversion Issues - Building construction by tenants on agricultural land does not automatically constitute conversion for non-agricultural purposes unless it significantly alters land use; absence of statutory provisions similar to Bombay Presidency laws affects the legal stance THAKUR SWARUPSINGH VS BHULARAM - Nagpur.
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Permission for Land Diversion - Historical permissions granted by authorities (e.g., Collector) for diverting agricultural land to non-agricultural use, such as building, are crucial in legal considerations; such permissions legitimize non-agricultural use but require adherence to prescribed procedures State Of Bombay VS Mulji Jetha And Company - Supreme Court.
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Tenancy and Lease for Building Purposes - Leases of vacant sites for building purposes and their classification under tenancy laws (e.g., Orissa Tenancy Act) include provisions for compensation and regulation of non-agricultural tenants, indicating legal recognition of non-agricultural use under tenancy frameworks Avaru VS Asi Bai - Madras.
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Tenancy Creation for Non-Agricultural Purposes - When tenancy is created explicitly for non-agricultural purposes, especially with substantial building activity, courts recognize this as distinct from agricultural tenancy, and such land use is subject to specific legal principles and rent arrangements William M. Grant VS Mrs. Robinson - Calcutta.
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Use of Buildings in Non-Abadi Areas - Buildings constructed in non-abadi (non-urbanized) areas are considered substantially used for agricultural purposes if they serve agricultural functions, emphasizing the importance of actual land use over mere construction NAREHSH KUMAR VS UNION OF INDIA - Delhi.
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Land Acquisition and Non-Agricultural Potential - Lands identified as unsuitable for agriculture but with potential for building and non-agricultural purposes are recognized as non-agricultural lands; their valuation and acquisition considerations reflect their actual use and potential COLLECTOR, JABALPUR VS KAMAL KUMAR JAIN - Madhya Pradesh.
Analysis and Conclusion:
Lands used for building or other non-agricultural purposes are generally classified separately from agricultural lands and are liable to specific assessments and legal regulations. Permissions, whether granted historically by authorities or through tenancy agreements, play a crucial role in legitimizing non-agricultural use. Courts tend to scrutinize whether land use constitutes genuine conversion, emphasizing actual use and statutory compliance. Overall, legal treatment varies based on land use, permissions, and whether the land is primarily agricultural or designated for non-agricultural purposes.
Search Results for "Building or other Non Agricultural Purposes"
1957 0 Supreme(Bom) 89 • India - Bombay
Y.V.DIXIT, S.R.TANDOLKAR
V of 1879), Ss. 45, 48, 65, 66, 67, 68, 80-B - Lands used for building or other non-agricultural purposes - Whether liable to assessment ... purposes was liable to non-agricultural assessment. ... purposes was liable to non-agricultural assessment. ... For the purpose of non-agricultural assessment, (b) and (c) both fall within its scope except that the rates of....
1994 0 Supreme(SC) 1032 • India - Supreme Court
K.RAMASWAMY, SUHAS C.SEN
is being used for building purposes and also non-agricultural purposes - Appeal dismissed ... purposes and also non-agricultural purposes - Appeals by special leave arise from judgment of High Court of Gujarat lands bearing ... been extinguished and vested in the State lands used for building and non-agricultural purpose alone were saved from operation land .......
1940 0 Supreme(Mad) 377 • India - Madras
VENKATARAMANA RAO
Final Decision: The court vacated the order allowing the defendants to erect a pucca building for non-agricultural purposes ... for non-agricultural purposes, and the allowance of improvements necessary for the beneficial enjoyment of the holding. ... land should be strictly maintained and any attempt by the tenant to divert the land for non-agricultural purposes should be prohibited ... In my opinion the landlord....
1930 0 Supreme(Nagpur) 79 • India - Nagpur
SUBHEDAR
purposes by erecting a building. ... and cultivation of the holding, thus not constituting conversion for non-agricultural purposes. ... Issues: The main issue was whether the construction of the building by the tenants constituted conversion for non-agricultural ... had converted it for non-agricultural purposes. ... In the absence even of a statutory provision in the Bombay Presidency similar t....
1955 0 Supreme(SC) 10 • India - Supreme Court
VIVIAN BOSE, T.L.VENKATARAMA AYYAR, B.JAGANNATHA DAS, B.P.SINHA
Issues: Whether the permission granted by the Collector for the diversion of the lands from agricultural to building purposes ... In 1911 and 1912, the respondent obtained permission from the Collector to divert the lands to non-agricultural use for building ... purposes. ... ... Now, there is no dispute that the permission that was granted by the Collector in the years 1911 and 1912 for diversion of the suit lands from agricultural use to #HL_STAR....
1931 0 Supreme(Mad) 122 • India - Madras
The court held that the Act applies to non-agricultural tenants, such as lessees of vacant sites leased for building purposes, and ... leases (i.e., lease of vacant sites for building purposes) as well. ... building purposes, and that compensation for dwelling houses erected on such sites is permissible under the Act. ... In our opinion Act 1 of 1900 applies to non agricultural tanants such as lessees of vacant sit....
1950 0 Supreme(Ori) 72 • India - Orissa
PANIGRAHI
LANDLORD AND TENANT - Tenancy - Agricultural or non-agricultural - Lease for building purposes - Whether governed by Orissa Tenancy ... of the sale in 1916 and was recorded as agricultural land. 2. ... The tenancy of the defendants is governed by the provisions of the Orissa Tenancy Act, as the land was agricultural land at the time ... The contention put forward on behalf of the pltf. is that if the lease was granted not for agricultural p....
1906 0 Supreme(Cal) 105 • India - Calcutta
The court relied on the principle that where a tenancy is created for non-agricultural purposes and a substantial building is erected ... Ratio Decidendi: The court applied the principle that where a tenancy is created for non-agricultural purposes and a substantial ... The tenancy was not for agricultural purposes, and there had been no interruption or alteration in the rent. ... Ayimuddin Shnh Biswas ILR 8 Cal. 960 (1882), the he....
1994 0 Supreme(Del) 816 • India - Delhi
It is sufficient if the said building or farm house in the non-abadi area is used substantially for agricultural purposes. 6. ... It is sufficient if the said building or farm house in the non-abadi area is used substantially for agricultural purposes. 6. ... Fact of the Case: Petitioner purchased agricultural land and constructed a building thereon for agricultural purposes ......
1973 0 Supreme(MP) 36 • India - Madhya Pradesh
G.P.SINGH, R.K.TANKHA
Since we have held that the lands acquired were not fit for agriculture and had potential value for building and non-agricultural purposes, the award of the Land Acquisition Officer based on the lands being agricultural lands was prima facie incorrect. ... These facts leave us beyond any doubt that the lands acquired were not ordinary agricultural lands but that they had potential value for building and non-agricultural pu....
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