HomeCirculars › RBI/2008-09/298

Housing Loans: Delhi HC Order Exemption for Farmhouses on Agricultural Land Constructed by Farmers

No longer current — withdrawn, no replacement on file yet
Source: Reserve Bank of India · RBI/2008-09/298 · issued 28 Nov 2008 · ~2 min read
Quick answerRBI clarifies that Delhi High Court directions on housing loans do not apply to farmhouses constructed by farmers on agricultural land outside Grampanchayat and Municipal Council limits. Local rules will govern such cases. Co-operative banks must update their lending policies accordingly.

What changed

The Monitoring Committee of the Delhi High Court clarified that its earlier directions on housing loans (from circular dated November 22, 2006) do not apply to farmhouses constructed by farmers on agricultural land outside Grampanchayat and Municipal Council limits. In such cases, local rules will apply instead of the court's directions.

What it means for you

Co-operative banks can now process housing loans for farmhouses on agricultural land based on local regulations, without needing to comply with the Delhi High Court's specific directions. This reduces compliance burden for lenders in rural areas and clarifies the scope of the earlier circular. Banks must ensure they are aware of and apply the relevant local rules for such properties.

Historical instruction — do not use for current compliance. This is what was required at the time; it no longer reflects current RBI requirements. If no replacement rule is linked above, that only means none is recorded on our register yet — it does not prove no later applicable rule exists. Confirm on the official RBI source below.

What banks were required to do at the time

Who it affects

State and Central Co-operative Banks, Rural lending operations of co-operative banks

❓ Common questions

Regulatory timeline

Built from our lineage records — each fact carries its provenance; missing history simply is not shown (never guessed).

Does this circular apply to all housing loans or only farmhouses?

It specifically exempts farmhouses constructed by farmers on agricultural land outside Grampanchayat and Municipal Council limits from the Delhi High Court's earlier directions. For all other housing loans, the earlier circular remains applicable.

What should banks do if a loan application involves a farmhouse on agricultural land?

Banks should verify whether the land is outside Grampanchayat and Municipal Council limits. If yes, they must apply local rules instead of the Delhi HC directions. If within those limits, the earlier circular's directions apply.

Is board approval required for this change?

Yes, the circular explicitly states that its contents should be placed before the bank's board.

📜 This document’s life story (1 recorded event, each backed by RBI’s own words)
Repealed by RBI/2025-26/100 — Consolidation of Regulations — Withdrawal of circulars (28 Nov 2025)
RBI’s words: “Official withdrawal register entry #2020: RPCD.CO.RF.BC.70/07.40.06/2008-09 — "Housing Loans - Orders of the Delhi High Court - Writ Petition by Kalyan Sanstha Welfare Organisation against Union of In”
📜 Read the original circular — full text as issued by RBI
RBI/2008-09/298 RPCD.CO.RF.BC.70/07.40.06/2008-09 November 28, 2008 All State and Central Co-operative Banks Dear Sir, Housing Loans – Orders of the Delhi High Court - Writ Petition by Kalyan Sanstha Welfare Organisation against Union of India and Others- Implementation of Directions Please refer to our circular  RPCD.RF.BC.35/07.40.06/2006-07 dated November 22, 2006  on the captioned subject. 2. On receipt of queries from certain quarters, a reference was made to the Monitoring Committee, constituted by the Hon'ble High Court of Delhi for the purpose, seeking advice as to whether its directions as contained in the circular, referred to above, should be applicable to construction of houses in both urban and rural areas and to all types of houses including farmhouses on agricultural land. 3. It has since been clarified by the Monitoring Committee that since the agricultural land is outside the limit of the Grampanchayats and Municipal Councils and as these authorities neither sanction plans nor issue completion certificates for farmhouses constructed by the farmers on the agricultural land, its directions will not apply to such situations. In all such cases, local rules will apply. The banks are advised to take action accordingly. 4. The contents of this circular may be placed before the Board of your bank. 5. Please acknowledge receipt to our Regional Office concerned Yours faithfully, (K.Bhattacharya) General Manager
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2008-09/298 · issued 28 Nov 2008. The plain-English explanation above is BankPulse’s own independent summary.
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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=4672&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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