Case Note & Summary
The petitioners, Nitinbhai Mavjibhai Sinojiya and others, purchased Survey No.1332/paiki 1/paiki 1 at Village Bhayavadar, Taluka Upleta, District Rajkot through a registered sale deed, and mutation entry No.19582 was recorded in their favour. Subsequently, mutation entry No.19809 reflected partition and separate ownership of land admeasuring 1-19-96 sq. mts. in their favour. On 01.02.2014, they applied for Non-Agricultural (NA) permission for residential use to the Dy. Collector, Dhoraji. By communication dated 28.04.2016, the application was rejected on the ground that the opinion of the Mamlatdar, Upleta regarding title had not been received. The petitioners then moved a review application, which was rejected by order dated 30.05.2014 on the ground that the title of the land was not clear. Aggrieved, the petitioners preferred a revision before the Secretary (Appeals), Revenue Department under Section 211 of the Gujarat Land Revenue Code, 1879, which was also dismissed. The High Court considered the legality of the rejection orders. The court noted that the authorities had not applied their mind and had merely rejected the application on the ground of unclear title without providing any opportunity to the petitioners to produce documents to establish their title. The court held that the revenue authorities cannot reject an NA permission application solely on the ground of unclear title without giving the applicant a chance to clarify the title. The impugned orders dated 05.04.2016 and 30.05.2014 were quashed and set aside, and the matter was remanded to the Dy. Collector, Dhoraji for fresh consideration in accordance with law, after giving an opportunity of hearing to the petitioners.
Headnote
A) Land Revenue - Non-Agricultural Permission - Title Clearance - Gujarat Land Revenue Code, 1879, Section 211 - The petitioners purchased land and applied for NA permission for residential use. The Dy. Collector rejected the application on the ground that the title of the land was not clear, without giving the petitioners an opportunity to produce title documents. The revisional authority upheld the rejection. The High Court held that the authorities must apply their mind and cannot reject an application solely on the ground of unclear title without providing an opportunity to the applicant to clarify the title. The impugned orders were quashed and the matter remanded for fresh consideration. (Paras 1-8)
Issue of Consideration
Whether the rejection of NA permission by the revenue authorities on the ground of unclear title without providing an opportunity to the petitioners to produce title documents is sustainable in law.
Final Decision
The High Court allowed the petition, quashed the orders dated 05.04.2016 and 30.05.2014, and remanded the matter to the Dy. Collector, Dhoraji for fresh consideration after giving opportunity of hearing to the petitioners.
Law Points
- Non-Agricultural Permission
- Title Clearance
- Revenue Jurisdiction
- Gujarat Land Revenue Code
- 1879
- Section 211
- Natural Justice
