NA Land vs Agricultural Land in Nagpur: What Buyers Need to Know

Whether a piece of land is agricultural or Non-Agricultural (NA) when buying land in Nagpur affects how you can use it, what documents you should check and who can buy it. This is especially important when buying land to build your own home in the future.

The metropolitan region of Nagpur has large tracts of agricultural land even as the region is expanding for residential and other infrastructure. The planning area of NMRDA (Nagpur Metropolitan Region Development Authority) comprises 721 villages spread over 3,567 sq. km. As per the NMRDA data, 56.26% of land in its planning area is agricultural while 10.70% is used for residential purposes [1]. Hence, it is very important to verify the status of the parcel of land the buyer is looking to buy for construction of his future home, even if the surroundings appear to be very urban and appear to be developed already.

Agricultural Land vs NA Land: What Actually Changes for the Buyer?

Agricultural land is recorded primarily for agricultural use. NA land, on the other hand, refers to land permitted or legally recognised for a specific non-agricultural use, including residential, commercial or industrial use.

Residential NA land use is allowed on some agricultural land parcels while commercial and industrial NA land use are allowed on others. A buyer must establish whether residential use is permitted on the agricultural land that he or she intends to purchase.

Why Planning Status Matters as Much as the Revenue Record

Even if the applicable Development Plan proposes use of land other than agricultural (e.g. residential), such land may continue to be shown as agricultural land in the revenue records. Thus, while the revenue record attempts to record the status and identity of a parcel of land, the Development Plan indicates the planning use applicable to that location.

All major land uses such as agricultural, residential, industrial, transportation, etc. coexist in the Nagpur metropolitan area. Hence, a housing project or a road or a commercial development in the neighbourhood does not necessarily mean that the same parcel of land has already been changed from agricultural to residential.

Thus, instead of relying on the surrounding urbanisation, a prudent buyer will verify the Survey No./Gat No./Khasra No. and Mouza number against the Revenue records as well as the relevant Development Plan.

Can a Non-Agriculturist Buy Agricultural Land in Nagpur?

Agricultural land in Nagpur is subject to transfer restrictions under the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. Section 89 of this Act restricts transfer of agricultural land to non-agriculturists, while there are certain exceptions and transactions are allowed subject to approval in other cases [2].

The comment “anyone can buy agricultural land in Nagpur” is wrong, as are comments such as “a non-agriculturist can never buy agricultural land”. The matter depends on the location of the land, its planning status, the eligibility of the buyer and the applicable legal provisions. If purchasing agricultural land, it is best to check out the exact parcel of land and complete the purchase under the correct legal provision.

How Agricultural Land Becomes NA Land

Change of land use from agricultural to residential or commercial use is subject to the applicable planning and land-revenue provisions.

The process for using agricultural land for a non-agricultural purpose depends on the applicable planning and land-revenue provisions. For land covered by a Development Plan, the buyer should verify the permitted land use and the documents establishing that the applicable requirements for the proposed use have been fulfilled.

The questions for a buyer of such a plot would, therefore, be: What NA status has been conferred upon this parcel of land? What are the supporting documents to establish such status?

Further, a subdivision of agricultural land into residential plots would also need a check on the sanctioned layout to establish how the agricultural land has been subdivided into plots, roads and open spaces. In such cases, the proof of residential NA status of the land would relate to the permitted use of the land and not the manner in which the land has been subdivided into plots.

Which Documents Help Confirm Whether the Land Is Agricultural or NA?

Establish the identity of the land and current permitted use of the land:

• 7/12 Extract or Record of Rights if applicable: for checking the recorded owner, area and related entries
• Survey/Gat/Khasra Number and Mouza: for making sure all documents are related to the same plot
• Mutation/Ferfar Records: for looking at any significant change in the land record
• Development Plan/zoning details: for checking the use as per plan/permit
• Documents establishing the permitted land use: depending on the applicable process
• Proof of applicable payments or compliance: where required
• Sanctioned Layout Plan: when the land is subdivided into residential plots

The identity of the land and the permitted use or current usage of the land and the plot offered for sale must be consistent throughout all relevant documents.

Agricultural Land and a Planned Residential Plot Are Different Purchases

Use the property for what it’s intended. When buying an acre or acres of land for cultivation of crops, for example, you need more information on the agricultural transfer procedure and the revenue status and access to the land. On the other hand, a person buying a plot of land to construct his dream home some years later is concerned with the residential land use, sanctioned layout and later construction permissions.

This is exemplified by HoABL’s 78-acre Nagpur Marina development of plotted residential properties, ranging in size from 1,250 sq. ft., all registered with MahaRERA under PP1190002502095. The way in which such a planned development is evaluated by a prospective buyer for development would be very different from that of, say, an isolated field of undeveloped agricultural acreage.

You have to look at the legal use of the land and the approvals in place for the intended use of the land.

Four Questions to Ask Before Buying Land in Nagpur

You should be able to answer the four basic questions below before committing to a purchase of land:

1. How is the exact parcel recorded today?
2. What use does the applicable planning framework permit there?
3. What document was used to change the land from agricultural to non-agricultural use?
4. If it is a residential plot, is it part of a sanctioned layout?

Conclusion

There is a significant difference between agricultural and NA land in Nagpur in terms of what one can do with a property, how a property can be transferred and what approvals are required by a buyer. While agricultural land is generally subject to agricultural-use and transfer restrictions, NA land should be verified for the specific permitted use, and an “NA” label alone is not sufficient.

This is particularly significant for buyers looking at Nagpur land for sale outside the Municipal limits of Nagpur, where agricultural land comprises more than half of the NMRDA planning area. It would be prudent to check the exact parcel of land in question against the revenue record, the Development Plan, conversion orders and the sanctioned layout plan for that property to ascertain its permitted use.

FAQs

Can a sale deed convert agricultural land into NA land?

No, registration of the sale deed under the Registration Act does not change the permitted land use for a property. Other requirements for change of use must be fulfilled under relevant laws.

Does nearby residential construction prove that a parcel is NA land?

No. You cannot determine the legal and planning status of one plot of land from the development on adjacent plots. You need to find out the specific Survey number, Gat number or Khasra number of the property you are interested in and then check the relevant records pertaining to that property.

Is residential NA land automatically ready for construction?

Not necessarily. The NA status only relates to the permitted use for which land can be used. An individual plotted property may form part of a larger sanctioned development, and its construction would need to comply with specific rules for the said property.

Sources

1. https://www.nmrda.org/aboutNMR
2. https://indiankanoon.org/doc/47537179/