Updated January 1, 2024: Under the leadership of Chief Minister Pushkar Singh Dhami, the Uttarakhand government has imposed a temporary restriction that prohibits “outsiders” from purchasing land in the state for the purposes of agricultural and horticulture. The purpose of this high-level meeting decision is to protect the public and state interests. The ban won’t end until the Uttarakhand government-appointed five-member drafting committee has had a chance to thoroughly review and evaluate the report the land laws committee produced. District magistrates are ordered not to authorize outsiders to purchase land for horticultural or agricultural uses at this time. This action is in line with the state’s observance of a 2004 amendment (Section 154 of the Uttar Pradesh Zamindari Abolition Act & Land Reforms Act, 1950), which mandated that until September 12, 2003, anyone without real estate in the state acquire authorization from the district magistrate in order to transact such land.
This latest ruling emphasizes the government’s dedication to closely monitoring and controlling land acquisitions, stressing the necessity of a thorough investigation prior to permitting third parties to acquire property for horticultural and agricultural purposes. As a precautionary measure, the temporary ban is in place until the drafting committee finishes its investigation and issues additional instructions.
Known for its calm lakes, picturesque valleys, and snow-capped mountains, Uttarakhand, often known as the “land of the gods,” is a stunning state in northern India. Additionally, it is a well-liked location for real estate investments, especially for outsiders. Nonetheless, it is crucial to comprehend the land regulations that apply to outsiders in Uttarakhand in order to make sure that the investments are made within the bounds of the law.
While buying land in Uttarakhand is appealing to many foreign investors, there are rules and legislation that need to be complied with.
First and foremost, it’s crucial to remember that agricultural land in Uttarakhand cannot be purchased by non-residents of India, including foreigners and Non-Resident Indians (NRIs). They may, nevertheless, buy non-agricultural land for home or business use.
Outsiders must get authorization from the Uttarakhand state government through the District Magistrate (DM) or Sub-Divisional Magistrate (SDM) in order to purchase non-agricultural land in Uttarakhand. The Revenue Department issues what is known as the Non-Agricultural Land Certificate (NALC), which grants this authorization.
Outsiders must confirm that the land they want to buy is not designated as agricultural land before submitting an application for the NALC. Getting a Land Use Certificate (LUC) from the Revenue Department is one way to accomplish this. The land’s eligibility for non-agricultural use and its lack of usage for agriculture are confirmed by the LUC.
Outsiders can apply for the NALC by submitting the required paperwork, which includes the LUC and proofs of identification and address as well as land ownership, after getting the LUC. The Revenue Department next processes the application, and if it is accepted, it issues the applicant with the NALC.
In conclusion, non-agricultural land in Uttarakhand can be purchased by outsiders for residential or commercial use, but they will need to go through the NALC process to get the required licenses from the state government. To prevent future legal problems, it’s critical to confirm that the land being bought is not designated as agricultural land and to adhere to all applicable legal requirements.
Outsider Land Laws in Uttarakhand:
- Ownership and transfer of land in Uttarakhand are governed under the Uttarakhand Land Revenue Act, 2012. Subject to specific requirements, anyone can purchase land in Uttarakhand under this statute, even foreigners. While agricultural land can only be purchased by residents, other types of land can be used for residential, commercial, or industrial purposes.
- The Zamindari Abolition and Land Reforms Act of 1950 in Uttarakhand: The purpose of this act was to give renters rights and to end the zamindari system in the state. It controls how land is bought, sold, and transferred within the state. This act permits anyone from outside Uttarakhand to purchase non-agricultural land, if the relevant government gives its approval.
- Foreign Exchange Management Act (FEMA): The FEMA is the primary legislation that controls exchange rates in India. It controls foreigners’ ability to purchase and transfer real estate in India. This act allows individuals of Indian origin (PIOs) and non-resident Indians (NRIs) to own property in India, including Uttarakhand, without any restrictions.
- The Forest Conservation statute, 1980: This statute is very important because Uttarakhand is known for having extensive forests. This statute states that any land designated as forest land cannot be sold or bought without the central government’s approval.
- The Town and Country Planning Act of 1973: This law governs the state’s urban planning and development. This act requires any outsider wishing to develop land or erect a building in Uttarakhand to get authorization from the appropriate government.
What is the Maximum Amount of Land that an Outsider Can Purchase in Uttarakhand?
Outsiders can buy up to 250 square meters of land in Uttarakhand for residential use, according to the Uttarakhand Land Reform Act of 1973. This cap, however, can be different for certain types of land, such commercial or agricultural land.
An outsider would require permission from the Uttarakhand government in order to buy agricultural land in the state. This is due to prohibitions on selling agricultural land to non-agriculturalists and the fact that it can only be sold to those who are engaged in agriculture.
In a similar vein, anyone from outside Uttarakhand wishing to buy commercial land would also require permission from the Uttarakhand government. The rationale behind this is that commercial land is generally intended for commercial use, and the government might wish to make sure the land is being used for purposes that boost the local economy.
It’s crucial to remember that Uttarakhand’s laws and ordinances pertaining to land ownership are subject to change. Therefore, before making any judgments about purchasing land in Uttarakhand, it’s usually a good idea to speak with a local attorney or real estate agent.
In summary:
To sum up, Uttarakhand is a stunning state with a ton of real estate investment opportunity. Outsiders who want to invest in the state, though, must understand the land rules that apply to them. These regulations are in place to make sure that investments are done legally and do not negatively impact the environment or the people living in the state. Therefore, before making any real estate investment in Uttarakhand, it is important to consult with a legal professional.
