PERMISSION UNDER 118 IN HIMACHAL PARDESH

A Non-Himachali has much confusion about the legalities of buying land or Investment in Himachal Pradesh. There are two ways as well as different Procedures for buying or planning an investment in Himachal Pradesh.

UNDER MUNICIPAL CORPORATION LIMIT

There’s no permission required to buy/lease a built-up property in the area falling within a municipal corporation, municipal committee, notified area committee and cantonment boards. One can also buy land/plot in the urban areas from the Himachal Pradesh Housing and Urban Development Authority and other government agencies. Again, no permission is required here either.

A person who are outsider and not belong to the Himachal state, but citizen of India can buy a plot, apartment, or house to cater their purposes under the municipal corporation that is regulated by H.P. Tenancy and Land Reforms Act, 1972.

OUTSIDE OF MUNICIPAL CORPORATION LIMIT

A Non-Himachali who want to get land for residential/commercial/industrial purpose need to get the permission under section 118 of H.P Tenancy and Land reform act, 1972.

There’s no permission required to buy/lease a built-up property in the area falling within a municipal corporation, municipal committee, notified area committee and cantonment boards. One can also buy land/plot in the urban areas from the Himachal Pradesh Housing and Urban Development Authority and other government agencies. Again, no permission is required here either. But what about buying land outside municipal limits, all of which is designated as agricultural land in the Act? “Section 118 doesn’t prohibit but regulates the sale of agricultural land. A non-agriculturalist needs to apply, state the purpose for which he wants to buy the land, and the government takes a decision on his request within a set time-frame,” adds the bureaucrat. “People are granted land for varied purposes, ranging from setting up an industrial unit, educational institution, tourism, etc. Also, people can get up to 4 acres of land to practise agriculture, and a maximum of 500 square metres for residential purposes. The permission is granted only if the government is satisfied with the stated purpose behind buying the land and the individual’s ability and background to carry out the project. While the bureaucrat claims the permission is generally granted, one needs to take the assertion with a pinch of salt.

“Permissions are not denied generally at the secretariat and Cabinet level. But many applications are rejected at the entry-level (DC office), where they are scrutinised for documents and NOCs. It’s quite a cumbersome and time-consuming process,” says a property dealer who liaises with the authorities on behalf of his clients for permissions under 118. “For commercial projects, permissions are relatively easier. But for residential purposes, the process is more arduous and time-consuming.

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