CONVERSION OF LAND FROM AGRICULTURAL USE TO NON-AGRICULTURAL USE IN RESPECT OF THE DEVELOPMENT AREAS IN THE OUTER RING ROAD GROWTH CORRIDOR (HEREINAFTER REFERRED TO AS THE “ORRGC”) IN ANDHRA PRADESH (PRESENTLY TELENGANA) HYDERABAD

The Government of Andhra Pradesh had vide G.O.Ms.No.470 MA&UD(I₁₎ Deptt. Dtd.09-0702008 had notified the Special Development Regulations (hereinafter referred to as“Regulations” )for the Hyderabad Outer Ring Road Growth Corridor, 1KM Belt on either side of the growth corridor.

Highlights of the Special Development Zone of the ORRGC

1. The Regulations are applicable to areas under the jurisdiction of the Growth Corridor( 1KM on either side of the outer edge of the Outer Ring Road-Of-Way)

2.The regulations are applicable to all development and building activity in the said area and all existing regulations, by-laws, orders that are in conflict or inconsistent with these Regulations shall stand modified to the extent of the provisions of these regulations for the said area.

3.Regulation 2 , item (iv) of the Regulations defines the ORRGC as

“ORR GC means Outer Ring Road Growth Corridor. (One Kilometer‟ on either side from the outer edge of the ORR Right of Way) and as per the areas given in Annexure. “[1]

4. Regulation 3 in  Table 1 provides for various zones and their activity as below:

The special development zone(SDZ) is for 1) commercial 2) residential purposes 3) social infrastructure 4) Institutional 5) Work Centres 6) Any other non polluting non hazardous use non specified.

5. Two SDZ’s, SDZ 1 and SDZ 2 exist in the ORRGC. 

SDZ 1	SDZ 2
SDZ 1 means the area within or inside the ORR (towards the City side) and within the ORRGC	SDZ 2 means the area outside the ORR (away from the City side)and within the ORRGC

6.       Regulation 3, item (iv) provides that NO  CHANGE OF LAND USE SHALL BE ALLOWED WITHIN THE ORRGC.[2] The Regulations bar the change of land use within the ORRGC. 

7. A special impact fee is levied within the ORRGC on the buildings as per Table A and Table B.[3]

8. A special unit is to be constituted to deal with applications for permission for developing or undertaking building constructions in the ORRGC and enforcement as per the procedure prescribed by the Competent Authority.[4]

9. The Regulations further provide that committee may be also constituted for examining development related issues of the growth corridor.[5] The State Government may also issue guidelines for implementation issues relating to the Growth Corridor.[6]

Applicability of the A.P. AGRICULTURAL LAND(CONVERSION FOR NON AGRICULTURAL PURPOSES) ACT,2006

The Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 is not applicable to the following lands:[7]

i.                    Lands owned by the State Government

ii.                  Lands owned by a local authority and used for any communal purposes so long as the land is not used for commercial purposes

iii.                Lands which are used for religious or charitable purposes

iv.                Lands used by owner for household industries involving traditional occupation, not exceeding one acre

v.                   Lands used for such other purposes as may be notified by the government from time to time.

 The lands for ORRGC are being acquired by the State government vide various land acquisition orders from time to time and being transferred to the Government Company named as Hyderabad Growth Corridor Ltd.[8]. Since the Government becomes the owner of the lands after acquisition, the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 does not apply to such lands by virtue of Section 7 of the 2000 Act.

“Land acquired for a Corporation owned or controlled by State is for public purpose”.

Hindustan Petroleum Corpn. Ltd. V. Darius Shapur Chennai and others[9]  

“Once Land is acquired it vests in the State”

Hari Rama Laxmi and others v. District Collector, Khammam District.[10]

It appears that change of land use is not permitted within the Outer ring road growth corridor(which includes 1KM belt on either side of the ORR).It also appears that the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 does not apply to the lands in the ORRGC. As per Regulation 26 of the Special Development Regulations for the Hyderabad Outer Ring Road Growth Corridor, 1KM Belt on either side of the growth corridor, a special unit is to be constituted to deal with applications for permission for developing or undertaking building constructions. A  RTI Application could be filed with the HUDA (Hyderabad Urban Development Authority) to obtain information as to:

a)      Whether any such special unit has been constituted?

b)       If yes, who are the members of such unit?

c)      What is the procedure followed/proposed to be followed to deal with such applications seeking permission for developing or undertaking building constructions?

As per Regulation 28, item (ii), the State Government can frame guidelines for implementation issues relating to the growth corridor. A RTI application could be filed with the HUDA to obtain information as to any guidelines framed if any, for implementation issues relating to the Growth Corridor.

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[1] See Regulation 2, item (iv) of the Special Development Regulations for the Hyderabad Outer Ring Road Growth Corridor, 1KM Belt on either side of the growth corridor

[2] See Regulation 3 , item (iv) of the Special Development Regulations for the Hyderabad Outer Ring Road Growth Corridor, 1KM Belt on either side of the growth corridor

[3] Regulation 16 of the Special Development Regulations  for ORRGC

[4] Regulation 26 of the Special Development Regulations  for ORRGC

[5] Regulation 28 , item (i) of the Special Development Regulations  for ORRGC

[6] Regulation 28, item (ii) of the Special Development Regulations  for ORRGC

[7] See Section 7 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006

[8] Hyderabad Growth corridor Limited is a company incorporated under the Companies Act,1956 on 26th December 2005 with a equity participation of INCAP(40%) and HUDA(60%). The subsequent equity participation  has been changed to INCAP(26%) and HUDA(74%)

[9] 2005(6) ALD 53(SC) = AIR 2005 SC 3520

[10] 2005(4) ALD 544