West Bengal Land Conversion (Leasehold land to Freehold) Scheme, 2022�of

GOVERNMENT OF WEST BENGAL

URBAN DEVELOPMENT AND MUNICIPAL AFFAIRS DEPARTMENT

By

SILIGURI JALPAIGURI DEVELOPMENT AUTHORITY

27/02/2023

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• Notification No. 91-UDMA-22012(11)/1/2023-ESTT-TCP SEC-Dept of UDMA dt. 17.01.2023

https://www.wburbanservices.gov.in�or�https://leaseholdtofreeholdwb.com�

27/02/2023

APPLICABLE TO:

• Lease Tenure: 99 years and above
• Category: Residential and Commercial Land
• Except land in Khatian -1 and Khas Land.
• This scheme is optional.

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Conditions:�

• All dues to government / SJDA on account of lease rent & other charges should be cleared first.
• If mortgaged, NOC from mortgagee
• If any advance lease rent is paid then the same may be adjusted with the conversion fees.
• In case of conversion proposal along with transfer proposal to the effect that transfer will be made immediately after conversion, then either of the lessee or buyer may deposit the conversion fees.

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Conditions:�

• Not applicable for Industrial and Institutional Plots.
• The conversion charge will be charged on all residential and commercial plots of land etc. which are being presently allotted on freehold basis.
• Not applicable for plots leased out through auction.

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CONVERSION FEES�A(i)RESIDENTIAL BUILT UP PLOTS

7.5% and 10% of the valuation of the land as per following formula.

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Where R = IGR Valuation of Land per Cottah as on 1^st April of each year or as may be decided by the government.

P = Plot area in Cottah

Provided that:

1. The Plot is with Building & CC, (CC includes partial CC)

2. As on date, there is no deviation in the context of building and lease conditions. May be considered only after regularization, if permissible under Law.

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CONVERSION FEES�A(ii)RESIDENTIAL VACANT PLOTS

10% and 5% of the valuation of the land as per following formula.

Where R = IGR Valuation of Land per Cottah as on 1^st April of each year or as may be decided by the government.

P = Plot area in Cottah

Provided that:

As on date, there is no deviation in the context of building and lease conditions. May be considered only after regularization, if permissible under Law.

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CONVERSION FEES�B(i)COMMERCIAL BUILT UP PLOTS

10% and 15% of the valuation of the land as per following formula.

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Where P = Plot Area in Cottah

R= IGR Valuation of Land per cottah as on 1^st April of each year or as may be decided by the government.

Provided that:

1. The Plot is with Building & CC, (CC includes partial CC)

2. As on date, there is no deviation in the context of building and lease conditions. May be considered only after regularization, if permissible under Law.

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CONVERSION FEES�B(ii)COMMERCIAL VACANT PLOTS

15% and 20% of the valuation of the land as per following formula.

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Where P = Plot Area in Cottah

R= IGR Valuation of Land per cottah as on 1^st April of each year or as may be decided by the government.

Provided that:

1. As on date, there is no deviation in the context of building and lease conditions. May be considered only after regularization, if permissible under Law.

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CONVERSION FEES�B(iii)LAND PERTAINING TO SHOPS

Conversion fees for proportionate land area appertaining to the shop calculated as per formula at sl. No. B(i) above.

Provided that:

1. There is CC for the building (CC includes partial CC)

2. As on date, there is no deviation in the context of building and lease conditions. May be considered only after regularization, if permissible under Law.

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ONLINE SYSTEM

• The applicant needs to register with mobile verification and e-mail id verification , both, & PAN No (mandatory) Aadhaar No. (Non-Mandatory) to be entered (before filing application)
• At first the lease tenure is to be selected from a drop down menu (i) More than 99 years (Y/N).
• Nature of land may be selected in the online system i.e. (i) Residential Plot or Commercial Plot from drop down menu and then whether (ii) Built Up land (Building with CC) or Vacant Land from drop down menu.
• For Flats / shops: (i) Flat or (ii) Plot may be selected from drop down menu.
• Then selection of Lessors in the system may be done by the applicant: There may be drop down menu for (i) selection of government departments and then (ii) if the land parcel belongs to any parastatal of that department that parastatal can be selected.

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ONLINE SYSTEM

• Other Data fields:

(i) Plot no.,

(ii) Location,

(iii) Plot Area,

(iv) approved purpose / land use (as per lease deed or as per any subsequent approval of department / SJDA),

(v) Present Land use (if other than the approved land use) ,

(vi) whether the leasehold right is mortgaged (if yes, whether there is NOC from the mortgagee and other relevant fields may be filed up and may be submitted by the applicant),

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ONLINE SYSTEM

• In that case the details of the proposed transferee also need to be entered along with Aadhar No and PAN No. On approval of this kind of proposals, there may be provision for making payment by the transferee as well and option to that effect may be taken at the time of application.
• The applicant may be the concerned lessee only.

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ONLINE SYSTEM

• Documents to be uploaded:
• Scanned copy (colour) of the original lease deed / certified copy of the lease deed. (mandatory)
• Mutation certificate (mandatory in case of devolution of leasehold right)
• Scanned copy (colour) of Possession certificate / document (non-mandatory)
• Scanned copy (colour) of original allotment letter (non-mandatory)
• Scanned copy (colour) of Completion Certificate / Partial Completion Certificate of the building (for built up plots only) (mandatory)
• Scanned copy (colour) of the latest change of use permission (mandatory, if there is change of use)

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ONLINE SYSTEM

• Time limit for the applicant for rectification of defect in application:
• If the application is not accompanied with minimum required document-
• (i) if wrong document is uploaded in place of required document or any document is not legible,
• (ii) or if any clarification is needed,
• the application may be sent back to the end of the application by the nodal officer of concerned department / parastatal and if,
• Within 15 days the same is not retuned by the applicant after compliance, the same may be auto returned by the system and the application may be cancelled without any further reference.

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ONLINE SYSTEM

• Reason for rejection:
• A. For Buit up plots:
• (i) Building without CC,
• (ii) Though Building is with CC from field enquiry it is found that deviation has been done afterward,
• (iii) being in use other than authorized purpose,
• (iv) transferred (de-facto or de-jure) without permission from lessor,
• (v) there is any other violation of lease condition,
• (vi) there is any unsettled dues to Government etc..
• (vii) If the application is sent back to the applicant for uploading any document or clarification, the same is not complied within stipulated time.

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ONLINE SYSTEM

• Reason for rejection:
• B. For vacant Plot:
• (i) being in use other than authorized purpose,
• (ii) transferred (de-facto or de-jure) without permission from lessor,
• (iii) there is any other violation of lease condition,
• (iv) there is any unsettled dues to Government etc..
• (v) If the application is sent back to the applicant for uploading any document or clarification, the same is not complied within stipulated time.

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Following steps will be observed by SJDA during scrutiny:

1. Rejection:-

If it is found that the required criteria has not been fulfilled { say, the SJDA is not owner of the land, the lease tenure is less than 99 years, the plot is not residential or commercial, lease rent is due or there is any other dues , lease condition is violated, building rule is violated(in case of built up plots)} proposal will be rejected mentioning the person clearly.

• Regularization:-

If the reason for rejection is such that there is scope for regularization, then the same should also be mentioned to the effect that, after regularization(if such regularization is permissible under law) of the same, the applicant may apply afresh.

• Clarification:-

If it is found that clarification on any point is needed, the application may be sent back to the applicant with a request to reply within 30 days.

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4. Field Verification:-

Verify any deviation from proposed use and violation of buildings regulations.

5. Recommendation by SJDA:-

6. Approval by UDMA Department:-

After approval online payment link payment to be made with 30 days . If not link will be disabled / deactivated and application will be cancelled.

7. Successful payment:-

8. Conversion certificate will be generated:-

9. Applicant will contact SJDA for execution of Deed as per format:-

10. Registration of deed from respective ADSR:-

11. Scan and copy of registration deed to be uploaded by the applicant:-

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• THANK YOU