Change of Land Use

CONTACT PERSONS FOR

CHANGE OF LAND USE IN KASHMIR DIVISION

Change of Land Use (CLU) in Kashmir/Jammu & Kashmir, particularly conversion of agricultural land to non-agricultural use such as commercial, industrial, hotel, cold storage, warehouse, etc., the application is generally dealt with under Section 133-A of the J&K Land Revenue Act, 1996 and the J&K Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations, 2022. The competent authority is the District Collector (Deputy Commissioner).

Below is a practical, Kashmir-specific CLU file checklist, NOC checklist and ready-to-use application format for conversion of agricultural land to non-agricultural use.

The current framework is the J&K Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations, 2022, issued under the J&K Land Revenue Act. The District Collector/DC is the competent authority, and applications are processed through the district-level mechanism. The regulations provide for online filing and ordinarily contemplate disposal within 30 days once the application is complete.

1. MASTER CLU DOCUMENT CHECKLIST — KASHMIR

A. Application & Applicant Documents

S. No.	Document	Required
1	Prescribed CLU Application Form	✓
2	Applicant’s full name	✓
3	Parentage / constitution of applicant	✓
4	Permanent & correspondence address	✓
5	Aadhaar / valid identity proof	✓
6	PAN Card	✓
7	Mobile No. & E-mail ID	✓
8	Passport-size photograph	✓
9	Authority Letter, if application filed through representative	If applicable
10	Affidavit/undertaking regarding correctness of information	Recommended

B. If Applicant is a Company / Pvt. Ltd. Company

For a company such as ARC Cold Store Installations Private Limited, keep:

Certificate of Incorporation
PAN of Company
Memorandum of Association
Articles of Association
Board Resolution authorising CLU application
Authorisation letter in favour of authorised signatory
PAN/Aadhaar of authorised signatory
Registered office address proof
GST Registration, if available
Company profile
Project report / DPR

The CLU checklist used in J&K also specifically identifies MOA/AOA, Board Resolution and authority letter for company applicants.

2. LAND OWNERSHIP DOCUMENTS

This is one of the most important sections of the CLU file.

S. No.	Document	Remarks
1	Latest Jamabandi / Record of Rights	Certified/latest copy
2	Latest Khasra Girdawari	Should reflect present land use
3	Mutation / Intqal	Latest ownership mutation
4	Sale Deed / Title Deed	Registered document
5	Takseem Intqal	Where applicable
6	Aks Shajra	Certified revenue map
7	Tatima	Where part of a Khasra is involved
8	Land Passbook	Where available
9	Encumbrance details	Recommended
10	Court case/litigation status	Declaration, where applicable
11	Co-owner consent	If jointly owned
12	Irrevocable consent/authority from owner	If applicant is not the recorded owner

The official 2022 regulations specifically require revenue extracts including Jamabandi and Khasra Girdawari, together with the sale deed and location plan. The prescribed application material also refers to mutation, Jamabandi, Aks/Tatima and Khasra Girdawari.

3. SITE & LOCATION DOCUMENTS

Prepare a separate Site & Location File containing:

3.1 Key Location Plan

The plan should clearly show:

District
Tehsil
Village
Khasra number
Approach road
Nearby road/highway
North direction
Nearby habitation
Nearby water bodies, if any
Existing buildings
Existing land use
Proposed project location

3.2 Revenue Site Plan

Attach:

Aks Shajra
Tatima, where required
Khasra boundaries
Total land area
Area proposed for CLU
Remaining agricultural area, if applicable

3.3 Proposed Layout Plan

For a cold-storage/industrial project, show:

Main building
Cold chambers
PEB structure
Refrigeration plant room
Loading/unloading area
Office
Parking
Internal roads
Generator room
Transformer/electrical room
Fire-fighting facilities
Water storage
STP/ETP, if applicable
Drainage
Greenbelt
Boundary wall
Entry/exit gate

4. MASTER PLAN / LAND-USE STATUS

This is very important in Kashmir.

Obtain a report/confirmation regarding:

“Land Use as per Master Plan / Development Plan”

from the concerned Town Planning / Development Authority / DTP office, as applicable.

The application should clearly establish:

Existing Land Use: Agricultural
Proposed Land Use: Industrial / Commercial / Institutional / Hospitality / Warehouse / Cold Storage, etc.

The CLU process specifically involves examination of whether the proposed use conforms to the applicable Master Plan/Development Plan.

5. PROJECT DOCUMENTS

For a commercial/industrial CLU application, I recommend attaching a concise Project Report/DPR containing:

Project Profile

Name of project
Name of promoter/company
Location
Village
Tehsil
District
Khasra number
Total land area
Area proposed for CLU
Existing land use
Proposed land use
Nature of business
Project capacity
Project cost
Machinery/equipment
Employment generation
Power requirement
Water requirement
Wastewater generation
Solid waste generation
Pollution-control arrangements
Parking/loading arrangements
Fire-safety arrangements
Proposed construction area
Building height
Green area
Expected commencement date

6. NOC / DEPARTMENTAL CLEARANCE CHECKLIST

The exact NOCs depend on the location and proposed activity. The 2022 CLU procedure provides for circulation to relevant departments including PWD, Irrigation & Flood Control, Power Development, Pollution Control Committee, Agriculture, Industries & Commerce, Development Authority and Forests, as applicable.

A. Revenue Department

Revenue field verification

Normally covers:

Ownership
Khasra
Area
Land classification
Existing use
Encumbrances
Revenue record verification
Site verification

B. Town Planning / Development Authority

Obtain, where applicable:

Master Plan / Development Plan conformity report

and/or:

Land-use compatibility/NOC

This is particularly important if the property falls within:

Srinagar Master Plan
Development Authority jurisdiction
Municipal limits
Local Planning Area
Notified development area

C. Agriculture Department

Particularly relevant where the land is recorded as agricultural.

The department may examine:

Nature of agricultural land
Existing cultivation
Agricultural importance
Proposed diversion
Impact on agricultural land

D. Industries & Commerce Department

For projects such as:

Cold storage
Food processing
Manufacturing
Industrial units
Warehouses
Packaging units

an appropriate industrial/project-related approval or recommendation may be required depending upon the project.

E. Pollution Control Committee (PCC)

For projects having environmental implications, obtain the applicable:

Consent to Establish
Consent to Operate, at the appropriate stage
Environmental clearance, if applicable
Waste-management permissions, if applicable

For a conventional cold store, the exact PCC requirement should be determined based on the proposed refrigeration system, DG set, wastewater, processing activity and applicable pollution-control category.

F. PWD / Roads & Buildings

Relevant where the project:

abuts a government road,
requires an approach/access,
involves road widening restrictions, or
falls within a controlled road corridor.

Obtain road/access NOC where applicable.

G. Jal Shakti Department

Relevant where the project requires:

substantial water supply,
connection to a public water system,
groundwater/borewell permissions,
water-resource infrastructure.

H. Irrigation & Flood Control Department

Important particularly for land:

near canals,
near irrigation channels,
near flood channels,
near rivers/nallahs,
in flood-prone areas.

The department is expressly included in the district-level CLU review mechanism.

I. Power Development / KPDCL

For industrial/commercial projects, obtain applicable power feasibility/NOC, particularly where substantial sanctioned load is required.

For a cold store, mention:

Connected load
Contract demand
Transformer requirement
DG backup
Solar installation, if proposed

J. Forest Department

Required where the land:

is adjacent to forest land,
falls within/near notified forest areas,
involves forest clearance issues,
has trees requiring permission for removal.

K. Wildlife Department

Particularly important if the property is:

near a wildlife sanctuary,
near a national park,
within an eco-sensitive zone,
near a protected area.

L. National Highways Authority / Highway Authority

Where applicable, obtain NOC for:

National Highway access
Highway frontage
Entry/exit
Setback/control zone

The 2022 procedure specifically contemplates reference to the highway authority where required.

7. SPECIAL NOC CHECKLIST FOR A COLD STORAGE

Since your current work frequently involves cold-storage/CA-store projects, I would prepare the CLU file as follows:

Mandatory/Core File

☐ CLU Application
☐ Jamabandi
☐ Khasra Girdawari
☐ Mutation
☐ Sale Deed
☐ Aks Shajra
☐ Tatima, if applicable
☐ Key Location Plan
☐ Site Plan
☐ Proposed Layout
☐ Master Plan/Development Plan status
☐ Project Report/DPR
☐ Company documents
☐ Board Resolution
☐ Authorisation Letter

Project-Specific NOCs

☐ Agriculture Department
☐ Town Planning/DTP/Development Authority
☐ Industries & Commerce
☐ PCC
☐ PWD/R&B
☐ Jal Shakti
☐ Irrigation & Flood Control
☐ KPDCL/PDD
☐ Forest, if applicable
☐ Wildlife, if applicable
☐ Highway Authority, if applicable
☐ Fire & Emergency Services, at the building/project approval stage
☐ Any other department identified by the District Level Committee

The District Level Committee includes the DC as Chairman and ACR as Member Secretary, with senior officers from departments such as PWD, Irrigation & Flood Control, Power, PCC where required, Agriculture, Industries & Commerce, Development Authority and Forests.

8. READY-TO-USE CLU APPLICATION FORMAT

To
The District Collector / Deputy Commissioner
District ____________
Union Territory of Jammu & Kashmir

Subject: Application for Permission for Change/Conversion of Land Use from Agricultural to Non-Agricultural Purpose under Section 133-A of the J&K Land Revenue Act, Svt. 1996 and the J&K Agricultural Land (Conversion for Non-Agricultural Purposes) Regulations, 2022

Sir/Madam,

I/We, ____________________________, S/o / D/o / W/o ____________________________, resident of ____________________________, hereby submit this application seeking permission for conversion/change of land use of the agricultural land detailed below for the purpose of ____________________________.

1. PARTICULARS OF APPLICANT

Particular	Details
Name of Applicant/Company	__________________________
Father’s/Husband’s Name	__________________________
Constitution	Individual / Partnership / Pvt. Ltd. / Ltd. / Other
Permanent Address	__________________________
Correspondence Address	__________________________
Mobile No.	__________________________
E-mail	__________________________
PAN	__________________________
Aadhaar/ID	__________________________

2. PARTICULARS OF LAND

Particular	Details
District	__________________
Tehsil	__________________
Village	__________________
Patwar Halqa	__________________
Khewat No.	__________________
Khata No.	__________________
Khasra No.	__________________
Total Area	__________________
Area Proposed for CLU	__________________
Present Land Use	Agricultural
Proposed Land Use	__________________
Mode of Ownership	Sale / Inheritance / Gift / Other
Sale Deed/Mutation No.	__________________

3. PURPOSE OF CHANGE OF LAND USE

The proposed land is intended to be utilized for:

________________________________________________________

The proposed development shall comprise:

4. PROJECT PARTICULARS

Name of Project: ______________________________

Project Cost: Rs. ______________________________

Proposed Built-up Area: __________________ Sft.

Employment Generation: __________________ persons

Power Requirement: __________________ KW/KVA

Water Requirement: __________________ KLD

Nature of Activity: ______________________________

5. DECLARATION

I/We hereby declare that the information furnished in this application and the documents attached herewith are true and correct to the best of my/our knowledge and belief.

I/We undertake that the land shall be utilized only for the purpose for which permission is granted and that all applicable laws, rules, Master Plan provisions, environmental requirements and departmental approvals shall be complied with.

I/We further undertake to deposit the prescribed conversion fee/charges as demanded by the competent authority and to comply with all conditions imposed in the permission order.

I/We understand that any misrepresentation or use of the land for a purpose other than the approved purpose may attract action under the applicable laws.

Date: ____________

Place: ____________

Signature: ______________________

Name: _________________________

Designation: ____________________

Mobile: ________________________

Seal of Company, if applicable

LIST OF ENCLOSURES

CLU Application Form
Latest Jamabandi
Latest Khasra Girdawari
Mutation/Intqal
Sale Deed/Title Document
Aks Shajra
Tatima/Takseem Intqal, wherever applicable
Key Location Plan
Site Plan
Proposed Layout Plan
Master Plan/Development Plan status/report
Project Report/DPR
Company Incorporation Certificate, if applicable
MOA & AOA, if applicable
Board Resolution, if applicable
Authority Letter
PAN/Aadhaar/Identity Documents
Applicable Departmental NOCs
Other supporting documents as required by the competent authority.

9. CLU PROCESS — PRACTICAL FLOW

Step 1 — Verify Land Records
↓
Jamabandi + Girdawari + Mutation + Aks Shajra + Sale Deed

Step 2 — Verify Proposed Land Use
↓
Master Plan / Development Plan / DTP

Step 3 — Prepare Project File
↓
DPR + Site Plan + Layout + Investment + Capacity

Step 4 — File CLU Application
↓
District Collector’s designated web portal/process

Step 5 — Revenue Verification
↓
Tehsildar / Revenue Field Staff

Step 6 — Departmental NOCs/Reports
↓
PWD + Jal Shakti + Irrigation + Power + Agriculture + Industries + PCC + Forest/others as applicable

Step 7 — District Level Committee
↓
DC/Collector + ACR + concerned departments

Step 8 — Recommendation

↓

Step 9 — Demand Notice for Conversion Fee

↓

Step 10 — Deposit Conversion Fee

↓

Step 11 — Submit Treasury Challan

↓

Step 12 — CLU Permission Order

↓

Step 13 — Mutation/Revenue Record Updating, as applicable

↓

Step 14 — Building/Development Permission

The regulations provide that, after recommendation, the District Collector issues a demand notice for the conversion fee, with the applicant required to submit the Treasury Challan within the prescribed period. The permission is subject to conditions, including use only for the approved purpose and commencement of the approved non-agricultural use within the prescribed period.

Important distinction

CLU permission is not the same as building permission.

After obtaining CLU, the promoter may still need separate approvals for building plan, fire safety, pollution control, electricity, water, highway access, environmental requirements and other project-specific permissions.

Also, if the proposed use is already permissible under the applicable Master Plan/Development Plan, Section 133-A provides a separate route involving payment of prescribed conversion charges.

For ARC Cold Store / CA Store Projects

For a cold storage/CA store on agricultural land in Kashmir, I would recommend preparing the file as a three-part submission:

PART-I — CLU LEGAL/REVENUE FILE
Land ownership + revenue records + CLU application.

PART-II — LAND-USE & NOC FILE
Master Plan + DTP + Agriculture + PWD + Irrigation + Power + PCC + Forest/Wildlife/Highway, as applicable.

PART-III — PROJECT/DPR FILE
Cold-store capacity + chambers + refrigeration + PEB + civil works + investment + employment + water/power requirements + waste management + site layout.

This gives the District Level Committee a much clearer basis for considering the proposal.