official guidance

G.O.(Ms) No.100, Permission to M/s. N.C. Energy Limited to Hold Land for a Solar Power Project

The Revenue and Disaster Management Department, Land Reforms Wing, issued G.O.(Ms) No.100 dated 11 March 2024, granting M/s. N.C. Energy Limited permission under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 to hold 352.63 ordinary acres above its retainable area in three villages of Thoothukudi District. The land must be used for the proposed solar power project within three years, and the permission is subject to restrictions on sale, government and other protected lands, licences, wet land use and compliance with other stated conditions.

Category
Land reforms and ceiling
Effective
1 January 2024
Pages
13
Status
In force
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What the government has approved

G.O.(Ms) No.100 dated 11 March 2024 was issued by the Revenue and Disaster Management Department, Land Reforms Wing. It grants M/s. N.C. Energy Limited permission under section 37-A of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 to hold land above the ceiling limit for a solar power project.

The permission covers land in Udangudi, Kulasekarapattinam and Adhiyakurichi Villages of Tiruchendur Taluk, Thoothukudi District.

Land covered

The government records the company’s landholding as follows:

  • Total land held: 412.62 ordinary acres, equivalent to 103.420 standard acres.
  • Retainable area: 60.00 ordinary acres, equivalent to 15.000 standard acres.
  • Land permitted under section 37-A: 352.63 ordinary acres, equivalent to 88.420 standard acres.

The company had originally applied to hold 1,298.58 acres. The later report of the Commissioner of Land Reforms recorded an actual extent of 412.62 acres and recommended permission for 352.63 acres after allowing the retainable portion.

Main conditions

G.O.(Ms) No.100 imposes the following requirements on M/s. N.C. Energy Limited:

  • The entire land must be used for the solar power project described in the application within three years.
  • The lands must not be sold.
  • The company must provide permissions and licences obtained from the departments concerned for running the industry.
  • Any mortgage is subject to the conditions in G.O.(Ms) No.425, Revenue and Disaster Management Department, dated 18 August 2020.
  • Where sellers are found to be attracted under the Land Reforms Act, the conditions in G.O.(Ms) No.596, Revenue and Disaster Management Department, dated 24 October 2020 apply.
  • Poramboke land within the company’s lands must not be encroached upon or disturbed, and access must be allowed.
  • Government lands, temple lands, forest lands, Anadeenam lands, DC lands, prohibited lands, conditionally assigned lands and Bhoodan lands must not form part of the company’s holding.
  • A No Objection Certificate from the Collector is required before wet land is used for a non-agricultural purpose.

Consequences of non-compliance

The government may take action if the industrial activity violates the conditions, the land remains unused beyond the prescribed period, or a future discrepancy is found in the particulars supplied by the applicant.

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Common questions

Does G.O.(Ms) No.100 give a general land ceiling exemption to solar projects?

No. It grants permission specifically to M/s. N.C. Energy Limited for 352.63 ordinary acres in three named villages of Tiruchendur Taluk, Thoothukudi District.

Can M/s. N.C. Energy Limited sell the land covered by the permission?

No. One of the stated conditions is that the lands should not be sold.

How soon must the land be used for the solar power project?

The entire land must be used for the purpose stated in the company’s application within three years.

Can wet land covered by the permission be used for the solar project?

Wet land cannot be used for a non-agricultural purpose without obtaining a No Objection Certificate from the Collector.