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CHAPTER—IX Tenures

Section 80: Use of holding for industrial, commercial or residential purposes

The Uttar Pradesh Revenue Code, 2006

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 20 of 2026.

The marginal headings printed beside each section in this edition are shown as the section headings.

1[(1) Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub Divisional Officer may, suo motu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land is being used for the purposes not connected with agriculture or reject the application. The Sub-Divisional Officer shall state take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional officer shall state the reasons in writing for such rejection and inform the applicant of his decision.

2[Provided that if the application for declaration is accompanied with the prescribed fee and in case of joint holding, no objection of co-tenure holders is attached in case of co-tenure holder and if the declaration is not made by the Sub-Divisional Officer with forty-five days as aforesaid, then the declaration shall be deemed to have been made. Tehsildar will make a record of it in the revenue records, with the comment ‘‘subject to the order of the Sub-Divisional Officer.’’

If any aforesaid party wants to file an objection in relation to the said declaration, it may file an objection in the competent court.]

(2) Where a bhumidhar with transferable rights proposes to use in future his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land may be used for the purpose not connected with agriculture or reject the application, within forty five working days from the date of receipt of the application, within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional officer shall state the reasons in writing of such rejection and inform the applicant of his decision ;

3[x x x x]

Provided further that if the bhumidhar fails to start the proposed non-agricultural activity within a period of five years from the date of declaration under this sub-section, then the declaration under sub-section (2) for the holding or part thereof shall lapse ;

Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only. However, the bhumidhar shall be entitled to obtain loan and other necessary permissions, clearances etc. for the activity or project, proposed on the holding or part thereof, for which declaration under this sub-section has been obtained.

(3) A bhumidhar possessing declaration under sub-section (2) for his holding or part thereof, may apply to Sub-Divisional officer for converting declaration under sub-section (2) to a declaration under sub-section (1), after completion of construction activity or start of the proposed non-agricultural activity, within a period of five years from declaration under sub-section (2). On receipt of such an application, the Sub-Divisional officer, after making such enquiry as necessary, shall approve or reject the application within a period of 15 days from the receipt of the application. In case of rejection, he shall record in writing the reasons for such rejection ;

Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1), the bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount already paid by him for declaration under sub-section (2) earlier.

(4) No application for a declaration under sub-section (1) or (2), moved by any co-bhumidhar having undivided interest in bhumidhari land shall be maintainable, unless application is moved by all the co-bhumidhars of such bhumidhari land. In case only one of the co-bhumidhar wants to get a declaration for his share in the land with joint interest, then such an application shall be entertained only after the respective shares of the co-bhumidhars in the land have been divided in accordance with the provisions of law.

(5) The application for declaration [under sub-section (1) or sub-section (2)] shall contain such particulars and shall be made in such manner as may be prescribed.

(6) Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the sub-divisional officer may, in the manner prescribed, demarcate such part for purposes of such declaration.

(7) No declaration under this section shall be made by the sub-divisional officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance or to affect adversely public order, public health, safety or convenience or which is against the uses proposed in the master plan.

(8) In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority, then prior permission of the concerned Development Authority shall be mandatory.

4[Provided that if the land, or any part thereof, for which a declaration is sought under this section, falls within the notified area of a Development Authority, an Industrial Development Authority, a Regulated Area, a Special Area Development Authority, or the Uttar Pradesh Housing and Development Board; and if, in respect of such land, as the case may be, a building permission, development permission, or approval of a layout plan has been granted under the Uttar Pradesh Urban Planning and Development Act, 1973, the Uttar Pradesh Industrial Area Development Act, 1976, the Uttar Pradesh (Regulation of Building Operations) Act, 1958, the Uttar Pradesh Special Area Development Authorities Act, 1986, or the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, such grant shall be deemed to constitute a declaration under sub-section (2) of Section 80 of this Act and following such inquiry as may be prescribed, an entry to this effect shall compulsorily be recorded in the revenue records within a period of fifteen days:

Provided further that no fee shall be charged at the time of the declaration under sub-section (2) of section 80 of this Act.]5

(9) The State Government may fix the scale of fees for declaration under this section and different fees may be fixed for different purposes :

Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section. ]

Footnotes in the official text

  1. 1.Subs. by sec. 8 of U. P. Act no. 07 of 2019.
  2. 2.Ins. by sec. 6 of U.P. Act no. 28 of 2020.
  3. 3.Omitted by sec. 33 of U.P. Act no. 4 of 2021.
  4. 4.Ins. by sec. 2 of U.P. Act No. 19 of 2026.
  5. 5.Ins. by sec. 2 of U.P. Act No. 19 of 2026.

Questions on this section

3 questions in 3 of our papers cite Section 80. Try these from the free papers:

  1. 1. Where a declaration is made under Section 80(1) of the Uttar Pradesh Revenue Code, 2006 for a holding, consider the following consequences under Section 81: 1. The restrictions on transfer in Chapter IX cease to apply to the bhumidhar with transferable rights. 2. The land is exempted from land revenue from the date of the declaration itself. 3. In the matter of devolution, the bhumidhar is governed by his personal law. Which of the statements given above is/are correct?

  2. 2. B, a bhumidhar with transferable rights, obtained a declaration under Section 80(2) of the Uttar Pradesh Revenue Code, 2006 for a proposed cold storage on his holding. More than five years have passed since the declaration and B has not started any non-agricultural activity. What is the status of the declaration?

  3. 3. Consider the following statements about declarations under Section 80 of the Uttar Pradesh Revenue Code, 2006: 1. A declaration may be made even if the proposed use is against the uses proposed in the master plan, provided the fee is paid. 2. Where land is held jointly with undivided interest, an application by only one co-bhumidhar for his share is entertained only after the shares have been divided. 3. No fee is charged for the declaration if the applicant uses the holding for his own residential purpose. Which of the statements given above is/are correct?

Practise questions on Uttar Pradesh Local Laws