Himachal HC blows whistle on fake agriculturist certificates fuelling dubious land deals
Shimla, Dec 10,
The Himachal Pradesh High Court has exposed deep structural flaws in the issuance of agriculturist certificates, warning that the existing system is so diluted that it has become vulnerable to rampant misuse in land dealings. Hearing a court-initiated PIL on November 26, a Division Bench of Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj remarked that under the current framework, “apparently it is easy to give a false declaration” and secure a certificate without actually meeting the statutory requirement of personally cultivating the land.
The Bench further cautioned that the 2010 instructions governing the process “need to be revamped… as it is always open to misuse by the persons who are not agriculturist,” signalling a serious breakdown in the safeguards meant to protect agricultural land from fraudulent acquisition.
The observations emerged as the Court scrutinised the way non-agriculturists have allegedly obtained agriculturist certificates—documents which unlock privileges in land markets, including eligibility to purchase agricultural land and access reduced stamp duty categories. In several parts of the state where agricultural land has steadily transformed into residential colonies, these certificates have reportedly been used to legitimise transactions that contradict ground realities.
One of the most telling examples came from Palace Colony in Mandi, which, the Court recorded, “has long back ceased to be agricultural land,” yet continues to see the issuance of agriculturist certificates. An individual case involving Poonam, wife of Jeevan Lal, was also highlighted to demonstrate how easily the system allows entry through unchecked self-declarations.
According to the affidavit filed by the State’s Additional Chief Secretary (Revenue), the existing verification mechanism is based on instructions issued on March 18, 2010, which require Patwaris and competent authorities to examine the nature and use of land and conduct spot inspections where necessary. But the Court found that the primary flaw lies not merely in execution, but in the very structure of the certification process.
The application form—Form A-I—does not ask whether the applicant actually cultivates the land personally, a mandatory condition under Section 2 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. Instead, the form only requires an applicant to declare that they are an agriculturist or belong to an agriculturist family and hold land in the relevant mohal. Calling this a major loophole, the Bench observed that “no clarification has been sought as to whether the land is being cultivated personally,” making it possible to obtain a certificate while bypassing the most fundamental statutory requirement.
The Court also expressed concern over the superficial nature of verification conducted by revenue officials. As recorded in the order, Patwaris currently only verify ownership and family status, with “no factual verification at the spot regarding the personal cultivation of the land.” This absence of mandatory ground checks, the Bench warned, allows “persons who are not agriculturist or who don’t have the cloak of agriculture” to secure certificates and subsequently engage in transactions they are legally barred from undertaking. The implications are far-reaching: the misuse of agriculturist certificates can distort land markets, accelerate unauthorised land-use changes, influence property valuations, and undermine revenue integrity in areas witnessing rapid urbanisation.
With agricultural belts across Mandi, Shimla, Solan and other districts increasingly absorbed into expanding residential zones, outdated land records combined with lax certification processes have created fertile ground for irregular land transactions. The Court’s directive to revamp the 2010 guidelines is therefore being read as a call for structural reform, aimed at restoring the integrity of land governance systems that have for years been susceptible to manipulation.
The Bench has directed that copies of the affidavits and related material be provided to counsel for both sides for further assistance. The matter will now come up for hearing on February 24, 2026, when the State is expected to outline corrective steps to plug the loopholes that have long enabled non-agriculturists to navigate the system with ease.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
