Section 118 Article 11: Conditions for Non-Agriculturists to Purchase Land in Himachal Pradesh under Land Reforms and Tenancy Act, 1972
Himachal Pradesh, with its serene landscapes and pleasant climate, has always been a sought-after destination for individuals looking to own a piece of the hills. However, to preserve the state’s agrarian structure and prevent indiscriminate land transfers, the Himachal Pradesh government enacted the Tenancy and Land Reforms Act in 1972. (Himachal Pradesh Tenancy and Land Reforms Act, 1972)
A pivotal component of this Act is Section 118, which restricts the transfer of land to non-agriculturists. Within this section, Article 11 delineates specific conditions under which non-agriculturists can acquire land in the state.
Understanding Section 118 and Article 11
Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, primarily aims to regulate the transfer of land to individuals who are not agriculturists. This provision ensures that the agricultural integrity of the state remains intact and that land ownership remains primarily with those engaged in farming. (Himachal Pradesh Tenancy and Land Reforms Act, 1972)
Article 11 within this section specifies the conditions that non-agriculturists must fulfill to be eligible to purchase land in Himachal Pradesh: (“Section 118 Article 11: Conditions for Non-Agriculturists to …)
- Purpose of Land Acquisition: The non-agriculturist must clearly state the purpose for which the land is being acquired. Acceptable purposes include setting up industrial units, educational institutions, or tourism projects. (Section 118 of the HP Tenancy and Land Reforms Act – Abhipedia)
- Permission from State Government: Prior approval from the state government is mandatory. The applicant must submit a detailed proposal outlining the intended use of the land.
- Essentiality Certificate: An essentiality certificate from the relevant department may be required, confirming the necessity of the project for which the land is being acquired. ([PDF] 3618435Section118-Compendium.pdf – Himachal Pradesh)
- Utilization Period: The land acquired must be utilized for the stated purpose within a stipulated timeframe, typically two years. Failure to do so can result in the land vesting back to the state.
- Restrictions on Land Size: There are limitations on the size of land that can be acquired, depending on the purpose. For instance, for residential purposes, the land should not exceed 500 square meters, and for commercial establishments, it should not exceed 300 square meters.
- No Prior Ownership: The applicant should not already own land in Himachal Pradesh. This condition ensures equitable distribution and prevents land hoarding.
Implications for Prospective Buyers
For individuals from outside Himachal Pradesh looking to invest in property, understanding these provisions is crucial. While the Act imposes restrictions, it doesn’t entirely prohibit non-agriculturists from owning land. Instead, it ensures that such acquisitions align with the state’s developmental goals and do not disrupt its agricultural fabric.
Hemilton Kasauli: A Compliant Investment Opportunity
Projects like Hemilton Kasauli have navigated these legal frameworks to offer properties that are compliant with Section 118. Developed by the esteemed Chesterhills Group, known for projects like Chester Hills Solan and Cliffton Valley Shimla, Hemilton Kasauli provides an opportunity for non-agriculturists to own property in Himachal Pradesh legally.
Investing in such projects not only ensures compliance with state laws but also offers potential returns. Properties in Hemilton Kasauli can yield up to 12% ROI annually, making it a lucrative option for those looking to invest in the hills.
Conclusion
While the Himachal Pradesh Tenancy and Land Reforms Act, 1972, through Section 118 and Article 11, imposes certain restrictions on land acquisition by non-agriculturists, it also provides a structured pathway for genuine investors. By adhering to the stipulated conditions and seeking properties that are compliant with these regulations, non-agriculturists can realize their dream of owning a piece of Himachal Pradesh. (Himachal Pradesh Tenancy and Land Reforms Act, 1972)
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For more information or to explore compliant property options, visit the Hemilton Kasauli website or contact us.
by Creatore