Section 5 in Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010
5. Authority Competent to order conversion of agriculture land for non-agriculture purpose.
(1)The Sub Divisional Officer shall be competent to order, in respect of the land situated within his territorial jurisdiction, conversion of land use from agriculture purpose to non-agriculture purpose.(2)Permission to convert may be refused by the Competent Authority only on the ground that adequate conversion fee has not been paid, or that the conversion is likely to cause a public nuisance, or that the landholder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3) of this Section.(3)Conditions may be imposed on conversion for the following objects, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to ensure further that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable locally.(4)If the purpose of any land has been converted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the Competent Authority may serve a notice on the person responsible for such contravention, directing him, to use the land for its original purpose within 6 months of the service of the notice, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied.(5)If any person served with the notice under sub-section (4) fails within the period stated in the notice to take action as ordered by the Competent Authority under that sub-section, the Competent Authority may take necessary steps so as to ensure a compliance of his order; and any cost incurred in doing so shall be recoverable from such person as if it were an arrear of land revenue.
