Case Note & Summary
The petitioner, Advance Greenfield Pvt Ltd, through its director Surendrakumar Netaram Sharma, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court. The petitioner had purchased agricultural land situated at Revenue Survey No.65, Village-Fazalpur (Ankhi), Taluka-Vadodara, Vadodara, for industrial purposes under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The land had a chain of title from Maijibhai Manorbhai to Manibhai Motibhai Patel, then to Patel Pravinbhai Manibhai, then to Kanubhai Bhogilal Desai, and finally to the petitioner. The petitioner applied to the respondent authority for a certificate under Section 63AA, but the application was rejected by order dated 07.07.2024 bearing number 817/19/02/090/2024 in Application No.21902202401755. The petitioner challenged this order by way of the present petition. The main legal issue was whether the respondent authority was justified in rejecting the application for the certificate. The petitioner argued that all conditions under Section 63AA were satisfied and the rejection was arbitrary. The respondent contended that the land had not been converted to non-agricultural use and that prior permission was required. The court analyzed the provisions of Section 63AA and found that the section permits a non-agriculturist to purchase agricultural land for non-agricultural purposes, subject to conditions. The court noted that the petitioner had purchased the land for industrial purpose and had applied for the certificate. The court held that the rejection was not sustainable and quashed the impugned order. The court directed the respondent to grant the certificate under Section 63AA for the subject land. The petition was allowed with no order as to costs.
Headnote
A) Tenancy Law - Certificate under Section 63AA - Purchase of Agricultural Land for Industrial Purpose - The petitioner purchased agricultural land for industrial use under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The respondent authority rejected the application on the ground that the land was not converted to non-agricultural use and that the petitioner had not obtained prior permission. The court held that the conditions under Section 63AA were satisfied as the land was purchased for industrial purpose and the petitioner had applied for the certificate. The rejection was quashed and the respondent was directed to grant the certificate. (Paras 1-9) B) Tenancy Law - Section 63AA - Conditions for Grant of Certificate - The court examined the provisions of Section 63AA and noted that the section allows a non-agriculturist to purchase agricultural land for non-agricultural purposes subject to conditions. The court found that the petitioner had complied with all conditions, including the purchase for industrial purpose and the application for certificate. The respondent's rejection was based on extraneous considerations and was set aside. (Paras 3-9)
Issue of Consideration
Whether the respondent authority was justified in rejecting the petitioner's application for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948, for purchase of agricultural land for industrial purpose, and whether the petitioner is entitled to the said certificate.
Final Decision
The petition is allowed. The impugned order dated 07.07.2024 is quashed and set aside. The respondent No.2 is directed to grant the certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for the subject land. Rule made absolute. No order as to costs.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate for non-agricultural use
- Purchase by non-agriculturist
- Compliance with conditions
- Quashing of order
- Mandamus
