A Guide to Buying Land under Section 118 of the Himachal Pradesh Tenancy & Land Reforms Act

If you are planning to buy land in Himachal Pradesh — especially in places like Manali, Kullu, Shimla, Dharamshala — one law you must know about is Section 118 of the Himachal Pradesh Tenancy & Land Reforms Act, 1972.

Many buyers, especially those from outside Himachal Pradesh, face delays or even cancellation of their purchase because they are not aware of this law. In this article, we will explain:

• What Section 118 says

• Who can buy land freely and who needs permission

• What “non-agriculturist” means

• Size limits (500 sq m / 300 sq m rule)

• How much 12 biswa in Manali is in square metres

• Step-by-step process to get permission

• Common mistakes and tips

1. The Basic Rule: Section 118(1)

Section 118(1) says:

No person who is not an agriculturist of Himachal Pradesh can buy or receive land in the State, unless it falls under certain exceptions.

In simple words:

• If you are an agriculturist in HP — you can buy agricultural land in HP without extra permission.

• If you are a non-agriculturist (even if you are from Himachal) — you cannot buy agricultural land unless it’s under an exception or you get State Government permission.

2. Who is a “Non-Agriculturist”?

The law defines an agriculturist as someone who cultivates land personally in Himachal Pradesh.You are a non-agriculturist if:

• You do not own agricultural land in HP, or

• You own land but do not personally cultivate it in HP.

Even people born in HP but settled outside and not engaged in farming can be considered non-agriculturists for this law.

3. Exceptions in Section 118(2)

The law has a few exceptions where non-agriculturists can get land without special permission:

• Inheritance: If you inherit land from family.

• Gift to legal heirs.

• Government allotment: If the land is given by the State or Central Government.

• Small plot in municipal area:

  • 500 sq m for building a dwelling house

  • 300 sq m for a shop or commercial establishment

  • Only if you do not already own such property in HP.

If your case does not fit these exceptions, you must apply for permission under Section 118(2)(h).

4. How Big is 12 Biswa in Manali?

In Kullu district (where Manali is located), land is often measured in bigha and biswa.

• 1 bigha = 16 biswa

• 1 bigha ≈ 809 sq m

• So, 1 biswa ≈ 50.6 sq m

• 12 biswa ≈ 607 sq m

5. Why the Size Matters

If you are a non-agriculturist:

• If the plot is within municipal limits and for a house, you can buy up to 500 sq m without permission.

• If the plot is within municipal limits and for a shop, the limit is 300 sq m.

• Agricultural land, or anything above these limits, needs permission.

In your case: 607 sq m is more than 500 sq m, so permission is required unless you are an agriculturist.

6. The Rule and Section Number You Should Remember

• Section 118(1) – General prohibition

• Section 118(2)(dd) – Exemption for small plots in municipal areas (500 sq m / 300 sq m rule)

• Section 118(2)(h) – Purchase allowed with State Government permission

• Rule 38-A of HP Tenancy & Land Reforms Rules, 1975 – Procedure for applying for permission

7. Applying for Permission under Section 118(2)(h)

Step 1: Collect Documents

• Sale deed draft or agreement to sell

• Jamabandi (ownership record) of the seller

• Map of the land (tatima)

• NOC from Town and Country Planning (if applicable)

• Affidavit stating purpose of purchase and that you do not own similar property in HP (if relevant)

• Identity and address proof

Step 2: File the Application

• Submit to the Deputy Commissioner (DC) of the district.

• In many districts, this can be done online through the e-Governance portal.

Step 3: Scrutiny and Report

• The Tehsildar and Revenue staff will verify details and send a report to the DC.

Step 4: Approval

• If the DC finds your case fits the law, it is sent to the State Government for final permission.

Step 5: Conditions

• You must use the land for the stated purpose within a specified time.

• You cannot sell or transfer the land to another non-agriculturist without fresh permission.

8. Common Mistakes Buyers Make

1. Assuming small size means no permissionEven 1 biswa of agricultural land needs permission if you are a non-agriculturist.

2. Relying on verbal assurancesAlways verify land classification in the revenue records.

3. Not checking municipal boundariesThe 500 sq m / 300 sq m exemption applies only within municipal limits.

4. Starting construction before permissionThis can lead to demolition orders and legal trouble.

9. Penalties for Violation

If you buy land in violation of Section 118:

• The transaction can be declared void.

• The land may vest in the State Government without compensation.

• You may face fines and legal proceedings.

10. Practical Tips for Litigants

• Check your status: Are you an agriculturist or not? If unsure, get a certificate from the Tehsildar.

• Measure correctly: Convert biswa to square metres for your area.

• Ask for written advice: DC offices can guide you on whether permission is needed.

• Factor in time: Permission can take weeks or months.

• Hire a local lawyer: They can navigate the process faster and avoid mistakes.

Conclusion

Section 118 is a protective law meant to safeguard agricultural land in Himachal Pradesh and prevent its indiscriminate sale to non-agriculturists. While it does place restrictions, it also provides a clear legal route to buy land by obtaining State Government permission.

In the case of 12 biswa in Manali (around 607 sq m) — if you are a non-agriculturist, you will need permission under Section 118(2)(h) because the area is more than 500 sq m and therefore outside the municipal exemption limit.

By understanding the law, checking land classification, and following the correct procedure, you can avoid costly mistakes and ensure your purchase is legally valid.