How do I convert agricultural land to non-agricultural use in Odisha?

What conversion means

Every plot in Odisha is recorded with a land classification, or kisam, in the Record of Rights (see how to read an RoR). Agricultural kisams such as sarad, dofasali or taila mean the land is held for agriculture. Using that land for a house, shop, school, factory or plotted layout without permission is a change of use the law does not allow. Section 8-A of the Odisha Land Reforms Act, 1960 (OLR Act) sets out how a raiyat can obtain permission to convert, and the conversion is then reflected by changing the kisam in the record, for example to gharabari (homestead).

Conversion is not the same as building permission. Once the kisam is changed, any construction still needs plan approval from the development authority, municipality or other planning body for the area.

Who can apply

• The raiyat recorded in the current Record of Rights, or a person who has acquired the land by a registered deed or succession and has had it mutated in their name (see mutation in Odisha).
• All co-sharers of a joint khata, or the sharer whose portion has been separated by partition. If the land is still joint, conversion of one sharer's "portion" usually runs into objections.

If the land was bought recently, apply for mutation first. An application in a name that does not appear in the Record of Rights is a common reason for delay.

Where to apply and who decides

The application is lodged at the Tahasil where the land lies. The OLR Act refers to an "authorised officer" who may allow conversion; the Revenue Department notified the appointment of authorised officers in 2017. In practice the Tahasildar or Additional Tahasildar decides most cases, while for larger areas the case is put up to the Sub-Collector. Ask the Tahasil which officer will decide your case, because that also decides where any later challenge goes.

Applicants setting up an industry or other project can also apply through the state's single-window portal, GO-SWIFT (Invest Odisha), which lists conversion of agricultural land among its services. Individual householders usually apply at the Tahasil or through the Revenue Department's online services where the Tahasil has enabled them.

Papers usually asked for

• The application in the prescribed form. A Revenue Department disclosure refers to Form No. 25 under the OLR Rules, 1965; ask the Tahasil for the current version.
• A copy of the current Record of Rights (from Bhulekh or a certified copy).
• The registered sale, gift or partition deed, or proof of inheritance, and the mutation order if the record was recently changed.
• Up-to-date land revenue (rent) receipts.
• A sketch map of the plot showing its location, boundaries and access road.
• Identity and address proof, and a statement of the intended use.

How a conversion case moves

1. Case registered. The Tahasil opens a case and checks the application against the Record of Rights and the record room.
2. Field enquiry. The Revenue Inspector visits the land and reports on its present use, the neighbouring lands, access and whether there is any bar to conversion.
3. Valuation. The market value is ascertained, typically with reference to the Sub-Registrar's valuation, to work out the fee.
4. Hearing and order. The authorised officer considers the report and passes an order allowing or refusing conversion.
5. Fee paid, record corrected. The kisam in the Record of Rights is changed only after the conversion fee is paid. Check the updated entry on Bhulekh.

The state's notification under the Odisha Right to Public Services Act, 2012 lists "disposal of case under Section 8(A) of the OLR Act" as a time-bound service of 60 days, with the Tahasildar or Additional Tahasildar as the designated officer. If the case is not disposed of in time, an appeal under that Act lies to the Sub-Collector, with a revision to the Collector. That is a remedy for delay; it does not decide the merits.

The conversion fee

The Odisha Land Reforms (Amendment) Act, 2023 (Odisha Act 15 of 2023, published on 29 December 2023) replaced the earlier slab system in Section 8-A(2). The fee is now payable at one per cent of the market value per acre of agricultural land, for conversions on and after the amendment came into force. Before that, the fee depended on location, with fixed per-acre amounts for municipal and highway-side land and a percentage elsewhere.

Separate exemptions and concessions have been notified for some categories, such as land for industrial use under the state's industrial policy and land already outside the OLR Act. Whether any of these applies is decided case by case, so ask the Tahasil to show the assessment in writing.

Common objections and reasons for refusal

• Planning conflict. Section 8-A allows conversion only if it does not violate the master plan, development plan or town planning scheme for the area. In development authority areas, the land use zone matters first.
• Title or record problems. The applicant's name is not in the RoR, mutation is pending, or the area or plot number in the deed does not match the record.
• Restricted land. Government land, land settled with conditions, ceiling-surplus land, or land of a Scheduled Tribe raiyat that is subject to transfer restrictions under the OLR Act.
• Co-sharer or neighbour objections. The khata is joint and the others have not agreed, or neighbours object to access or drainage.
• Pending litigation over the plot, or an existing unauthorised construction on it.

If the land has already been built on

Construction on unconverted agricultural land does not regularise itself. Revenue field staff can also book such cases on their own. It is safer to apply for conversion and any planning permission before building, and to check the kisam before buying (see the land-buying checklist).

If conversion is refused

A refusal can be challenged before the higher revenue authority under the provisions of the OLR Act and Rules, within the time allowed; see how the revenue courts are arranged. Where the order is without jurisdiction or ignores the law, a writ petition before the Orissa High Court may be possible. Keep certified copies of the order and the enquiry report.

Related work handled is described under land and property, and the courts and offices involved are listed on the courts page.

Frequently asked questions

Official sources

• Odisha Land Reforms (Amendment) Act, 2023: Odisha Gazette
• Revenue & Disaster Management Department: circulars on conversion
• ORTPS notification listing Revenue services and time limits
• Bhulekh: Odisha land records (Revenue & Disaster Management Department)
• GO-SWIFT single window portal (Invest Odisha)

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.