Introduction
Purchasing land in hill areas comes with its own set of challenges and regulations, especially in regions governed by the Hill Area Conservation Authority (HACA) in Tamil Nadu. Established to protect the natural and mineral resources of hill areas, HACA plays a crucial role in maintaining the ecological balance and ensuring sustainable development. For prospective buyers, understanding the intricacies of HACA regulations is essential to make informed decisions. This article provides a comprehensive guide on what you need to know before investing in HACA-governed land.
- Understanding HACA Land
The term “HACA land” is well-known mainly among real estate professionals. Some
less informed agents might mistakenly call it “Kaka land” (crow land), leading to
humorous misunderstandings. - What is HACA?
HACA stands for Hill Area Conservation Authority. Established by the Tamil Nadu
government in the 1990s, HACA’s goal is to conserve the mineral and natural
resources of hill areas. - The HACA Committee
The HACA committee includes two IAS officers, the Director of Town and Country
Planning, and directors from various departments like finance, forest, animal
husbandry, tourism, housing, industries, rural development, water supply, and
electricity. The Nilgiris district collector is also a member of this committee. - Protected Areas
This committee has designated 55 taluks in Tamil Nadu as hill or hill-adjacent areas
that require protection. Any activity in these areas must get clearance from HACA. - Reporting and Monitoring
The HACA committee must produce a report every three years on the status of hill
areas, ensuring activities do not harm the environment. For instance, building holiday
resorts, hotels, real estate projects, or houses over 300 square meters requires HACA’s
permission. - Regulated Activities
Activities such as oil pipelines, cable cars, highways, dams, power plants, rubber
factories, timber-related industries, paper mills, food processing units, and chemical
industries also need HACA’s approval. - Agriculture and Livestock
Even poultry and goat farms, mushroom cultivation, and other agriculture-related
industries must get clearance from HACA. - Historical Context
In the early 2000s, a separate authority called the Hill Area Development Authority
(HADP) existed in Ooty. I personally visited this office to obtain free maps and books
on tribal villages. Later, in 2009, HADP was merged with HACA, including various
hill development programs under Tamil Nadu’s planning commission. - Environmental Impact
Following the HACA’s jurisdiction over Tamil Nadu hills, many hills have been
heavily mined, resulting in the disappearance of several hills and ancient Buddhist
and Jain cave temples. Marble from these hills was extracted and sold abroad without
proper permissions. Some hills in Salem are waiting to be mined by big industrialists. - Commercial Development
Seeing the hills being sold off with HACA’s approval, many businesses, including
real estate, flourished, turning hills into resorts, tourism spots, and hotels. This
prompted real estate agents to push for housing plots in hilly and foothill areas. - Legal Interventions
The HACA committee remained largely inactive while real estate activities thrived in
hill areas. This changed when Rajendran, a conscientious citizen, filed a case in the
High Court, obtaining an order to stop the registration of panchayat-approved plots. - Government Order No. 78
Subsequently, the government issued a new directive (Order No. 78) allowing these
plots to be regularized upon payment of a fee. However, it was clarified that plots in
hilly and foothill areas could not be regularized under this order as they fall under
HACA’s jurisdiction. - Realization and Awareness
This realization dawned late for many, as the HACA committee, while allowing the
sale of hills, did not focus on the burgeoning real estate plots. Awareness about
HACA regulations increased only after the government’s Order No. 78. - Regularization Process
Despite frequent inquiries to the DTCP office for regularization, officials advised
waiting for a government order. In May 2020, Government Order No. 66 was issued,
addressing the regularization of plots in HACA areas. - Exemptions and Restrictions
The order mandates that DTCP approval must be obtained for plots in hilly areas, except for villages classified as elephant corridors, landslide-prone areas, and eco-sensitive zones, which are prohibited from regularization. - Detailed Information
Tamil Nadu has 55 taluks with 595 hill villages. Detailed information on which
villages can have plots regularized and which cannot is available in a free PDF that
can be obtained by contacting www.verified.realestate. - Buying Tips
When buying property in hilly areas, it’s crucial to determine your purpose for
purchase and check if it requires HACA clearance beforehand to ensure a smooth
acquisition process.
Conclusion
Buying land in hill areas under HACA’s jurisdiction involves navigating through a complex set of regulations designed to protect the environment and ensure sustainable development. By understanding these regulations and obtaining the necessary clearances, prospective buyers can make informed decisions and avoid potential legal and environmental issues. Always consult with knowledgeable real estate professionals and stay updated with the latest government directives to ensure a smooth and compliant land acquisition process in these ecologically sensitive regions.