Agricultural land in Gujarat cannot generally be used for residential, commercial, industrial or other non-agricultural purposes without complying with the applicable legal requirements. NA permission in Gujarat is the process through which agricultural land may be permitted for non-agricultural use, subject to applicable revenue and planning laws.

The process is administrative rather than judicial. Delays can arise from incomplete documents, tenure or title issues, zoning restrictions, or missing approvals.

The statutory basis

The governing provision is Section 65 of the Gujarat Land Revenue Code, 1879 — the Bombay Land Revenue Code, 1879 as applicable in Gujarat. It requires an occupant of land assessed for agriculture who wishes to use it for a non-agricultural purpose, or an occupant of land held for one non-agricultural purpose who wishes to use it for another, to apply for the permission of the Collector.

The section also contains a safeguard for applicants: where the Collector does not inform the applicant of the decision within the period the section prescribes, the permission applied for is deemed to have been granted. That deeming provision is real, but relying on it is risky in practice, because banks, registering authorities and planning authorities will generally want to see the order itself.

Section 65B deals with the use of land for a bona fide industrial purpose, on the conditions that section lays down, including the issue of a certificate of commencement by the Collector and payment of the conversion tax leviable under Section 67A.

The consequences of not obtaining it

Unauthorised non-agricultural use is not merely irregular. Under Section 66, the occupant, together with any tenant or other person holding under or through him, is liable to be summarily evicted by the Collector from the land so used and from the entire survey number or sub-division of which it forms part. The occupant is also liable to such fine as the Collector may direct for the period of unauthorised use, subject to the general orders of the State Government, and remains liable for new assessment under Section 48 for that period, and for conversion tax under Section 67A.

The practical consequences reach further: building permission is not granted, registration and lending become difficult, and construction already made is exposed to action as unauthorised.

Where NA permission is not required

Two situations recur.

Where planning law has already dealt with it. Section 117 of the Gujarat Town Planning and Urban Development Act, 1976 provides that where development permission has been granted under Section 29(2) of that Act, permission under Section 65 of the Land Revenue Code is not required. Parcels inside a sanctioned town planning scheme or a development authority’s area are therefore frequently governed by the planning statute rather than by a separate Section 65 order.

Where the State has simplified or exempted the process for defined categories by resolution or notification. The Government of Gujarat has issued a series of resolutions streamlining NA procedure, and further reforms were made in 2024 and 2025 concerning tenure conversion and premium. Because these change, the current resolutions and notifications of the Revenue Department should be checked for the specific parcel and purpose rather than relying on a general account.

NA Permission Process in Gujarat: Step-by-Step

Step 1 — Establish eligibility and title. Only the lawful holder or occupant may apply. The 7/12 extract, the 8-A holding account and the mutation entries should be current and consistent, and the applicant’s name should appear as holder.

Step 2 — Check the tenure. Land held on new or restricted tenure, and land acquired under the tenancy legislation, may carry restrictions on transfer and use, and may require prior permission or payment of premium before conversion.

Step 3 — Check zoning. The proposed use must be consistent with the development plan or town planning scheme applicable to the area. An application for a use the zone does not permit is unlikely to succeed regardless of the quality of the paperwork.

Step 4 — Apply to the Collector in the prescribed manner, with the layout plan for the proposed use, the land records, the title documents, and the applicable no-objection certificates. Which NOCs are required depends on location and purpose, and commonly involves the planning authority, and departments concerned with roads, irrigation, environment and, where relevant, defence or coastal regulation.

Step 5 — Enquiry. The Collector’s office verifies the records and obtains reports. An important limit applies here: the Gujarat High Court has held that the Collector deciding an application under Section 65 cannot embark on an enquiry into title. Where there is a genuine title dispute, it is for the civil court.

Step 6 — Order and payment. On approval, the order is issued, and conversion tax, premium and any other charges become payable in accordance with the applicable provisions and resolutions. The specific amounts depend on the parcel, its location and the intended use.

Step 7 — Sanad and record entry. The order results in a change of the parcel’s classification in the revenue records; the 7/12 entry is updated to reflect non-agricultural use.

What NA permission does not do

It does not confer, alter or confirm title. Conversion changes the recorded use of the land; it does not decide who owns it. A purchaser who treats an NA order as evidence of clear title is making the same error as one who treats a 7/12 extract that way.

It is also not, by itself, permission to build. Except where the planning statute has already covered the ground, development permission and plan sanction from the relevant local authority remain separate requirements.

If permission is refused

An order under Section 65 is subject to the ordinary appellate and revisional remedies in the Code: appeal under Sections 203 and 204, and revision to the Special Secretary, Revenue Department (Appeals) under Section 211. Thereafter, a Special Civil Application may be filed before the High Court of Gujarat.

The grounds that succeed are the usual public-law grounds: the refusal is unreasoned; a mandatory consultation was omitted; the authority took into account something irrelevant, such as a title dispute outside its remit; or the decision departs from the applicable policy without explanation.

For buyers

Three checks are worth making before money changes hands: whether the parcel is agricultural or already converted; whether the applicant is eligible to hold agricultural land at all, given the restrictions on transfer to non-agriculturists; and whether the zoning permits the intended use. Each of these is capable of defeating a transaction entirely, and each is far cheaper to verify before the transaction than to litigate afterwards.

FAQs

1. What is NA permission in Gujarat?
NA permission allows agricultural land in Gujarat to be legally used for a non-agricultural purpose, subject to applicable law.

2. Which law governs NA permission in Gujarat?
Section 65 of the Gujarat Land Revenue Code, 1879 governs the general requirement for NA permission.

3. Is NA permission required for all agricultural land?
Not always. Certain areas or categories may be covered by planning permissions, government notifications or specific exemptions.

4. Does NA permission prove ownership of land?
No. NA permission changes the permitted use of land but does not establish or confirm title.

5. Can I build on land after getting NA permission?
Not necessarily. Separate development or building permission may still be required from the relevant planning or local authority.

6. What happens if NA permission is refused?
The refusal may be challenged through the applicable appellate and revisional remedies under the Gujarat Land Revenue Code.

Legal Information Disclaimer

This article is published for general legal information and educational purposes only. It reflects the position of Indian law as researched up to 10 August 2026 and may not account for subsequent amendments, notifications, government resolutions or judicial developments. Government resolutions relating to non-agricultural permission in Gujarat are revised from time to time and should be checked in their current form. It is not legal advice, does not take into account any individual’s particular facts or circumstances, and no advocate-client relationship arises from reading it. Readers dealing with an actual matter should obtain independent professional advice from a qualified advocate of their own choosing before acting on any information contained here. Statutory provisions, notified figures, rules and case citations referred to in this article have been compiled from published legal materials and may contain errors or omissions, and may have changed since the date stated; no representation or warranty, express or implied, is given as to their accuracy, completeness or currency, and each should be independently verified against the official text or the official record before being relied upon. No liability is accepted for any loss arising from reliance on this article.

Sources / Authorities

• Gujarat Land Revenue Code, 1879 (Bombay Act V of 1879, as applicable in Gujarat) — Sections 48, 65, 65B, 66, 67, 67A, 203, 204 and 211 — Revenue Department, Government of Gujarat, https://revenuedepartment.gujarat.gov.in/downloads/act_BLRC_1879_n.pdf
• Gujarat Land Revenue Rules, 1972
• Gujarat Town Planning and Urban Development Act, 1976 — Sections 29(2) and 117
• Revenue Department, Government of Gujarat — resolutions on the procedure for non-agricultural permission, https://revenuedepartment.gujarat.gov.in
• Constitution of India, Articles 226 and 227

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