G.O. (Ms.) No. 302
The Tamil Nadu Revenue Department issued Government Order (Ms.) Number 302 on 17 September, with the year unclear in the supplied text. It provides guidance for handling applications from industrial or commercial companies and public trusts when the land includes surplus land, or land assigned under the surplus land distribution rules, that was purchased before transfer conditions expired. Such purchases give the buyer no right over the land, and applications under section 37A or section 37B may be rejected.
What the government order covers
Government Order (Ms.) Number 302 of the Tamil Nadu Revenue Department concerns land covered by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 and the Tamil Nadu Land Reforms surplus land distribution rules of 1965.
It addresses applications made by:
- Industrial or commercial companies seeking permission under section 37A to hold land for industrial use.
- Public trusts seeking permission under section 37B to hold land for educational or medical purposes.
The guidance applies when an application includes land that had been declared surplus under section 20 or section 20A, or land assigned under the surplus land distribution rules.
Purchases made before conditions expired
Government Order (Ms.) Number 302 deals specifically with assigned land purchased from an assignee before the applicable condition period had ended. The Tamil Nadu Revenue Department states that land bought in violation of the land reform law and assignment conditions does not give the purchasing company or public trust any right over that land.
The key directions are:
- Land transferred contrary to the assignment conditions is liable to be taken into government possession.
- A company or public trust cannot rely on such a purchase to establish ownership or entitlement.
- If an industrial or commercial company applies under section 37A using such land, the application may be rejected.
- If a public trust applies under section 37B using such land, the application may also be rejected.
Possible application under the distribution rules
Government Order (Ms.) Number 302 also allows industrial or commercial companies and public trusts to apply under rule 13 of the Tamil Nadu surplus land distribution rules of 1965 for land over which the government has resumed control.
The government will consider such an application on its merits and make a decision. The supplied text also states that the government will decide the value of the land separately in each case.
Who should check this document
Government Order (Ms.) Number 302 is relevant to companies, public trusts and property professionals examining land previously declared surplus or assigned under land reform rules. Buyers should verify whether the seller was permitted to transfer the land and whether the assignment condition period had expired before the sale.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does buying assigned surplus land automatically give my company ownership?
No. Government Order (Ms.) Number 302 states that a purchase made contrary to the land reform law or before the assignment condition period expired gives the purchasing company or public trust no right over the land.
Can a section 37A or section 37B application be rejected because of the land's history?
Yes. An application may be rejected if it includes surplus or assigned land purchased in violation of the applicable transfer conditions.
What happens to assigned land transferred before the condition period ends?
Government Order (Ms.) Number 302 states that such land is liable to be taken into government possession, and the buyer does not acquire rights over it.
Can a company or public trust apply for the land after the government resumes it?
Yes. It may apply under rule 13 of the Tamil Nadu surplus land distribution rules of 1965. The government will consider the application on its merits and decide the land value separately for the case.
