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Any land in an urban area is classified into agricultural land, residential land, industrial land, commercial land, institutional land and public buildings land.
The Change of Land Use (CLU) Certificate is required when the use of a particular land is changed, from residential to commercial, residential to industrial or commercial etc.
The owner of the land is required to apply to the revenue department of the State in a prescribed format for the permission to change the land use. The concerned officer would visit the said land and find out the issues created if the land use is changed and the steps to mitigate any adverse effects.
The Government fee for the Application for Change of Land Use is generally Rs.5,000 for first acre of land and then Rs.1,000 per acre for further area. This amount could change from one Indian State to another State.
As per the guidelines of the Government, any commercial activity, factory or manufacturing activity can be performed in an industrial area only. The reason being that in an industrial area, combined Effluent treatment plants (CETPs) can be set up to treat the effluents generated during any commercial/manufacturing activity and the treated water is disposed of in an environmentally safe manner. The other option that a business entity has at its disposal is the Change of Land Use application. The business entity can have its own pollution control measures at its preferred location which is not an industrial area. To set up any industrial facility out of the bounds of an industrial area, the applicant is required to seek a change of land use certificate for agricultural land or any other type of land to industrial land.
The business entity or the business owner is required to apply for a Change of land use in a prescribed format to the Town Planning Department or the Rural Development Department or an empowered committee in a particular Municipal Area. The State Governments have enacted respective laws and notified certain parameters and criteria for consideration of applications for Grant of CLU certificate. The designated town planer considers and evaluates the application for Grant of Consent on the basis of laid down parameters and issues the CLU certificate. This certificate denotes that a particular land area has been converted for a certain use.
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