Case Note & Summary
The petitioner, Mewad Polymers Private Limited, purchased agricultural land at Revenue Survey No.74, Village Fazalpur (Ankhi), Taluka Vadodara, for industrial purposes under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The sale deed was executed on 24.12.2020 and the revenue entry was recorded on 10.03.2021. Due to the COVID-19 pandemic, the petitioner could not inform the Collector as required under Section 63AA. The petitioner filed an online application for a certificate under Section 63AA, which was rejected by respondent no.2 by order dated 28.12.2021. The petitioner challenged this order by way of a writ petition seeking certiorari to quash the order and mandamus to direct the respondent to grant the certificate. The court found that the impugned order was passed without application of mind, as it did not consider the statutory provisions of Section 63AA or the COVID-19 pandemic circumstances. The court quashed the order and directed respondent no.2 to reconsider the application afresh, taking into account the relevant provisions and the pandemic situation, and to pass a reasoned order within eight weeks. Rule was made absolute.
Headnote
A) Gujarat Tenancy Act - Certificate under Section 63AA - Non-application of Mind - The respondent authority rejected the petitioner's application for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 without considering the statutory provisions and the fact that the delay was due to the COVID-19 pandemic. The court held that the order was passed without application of mind and was not sustainable. (Paras 1-8) B) Writ Jurisdiction - Certiorari and Mandamus - Quashing of Order and Direction to Reconsider - The court quashed the impugned order dated 28.12.2021 and directed the respondent no.2 to reconsider the petitioner's application afresh, taking into account the provisions of Section 63AA and the COVID-19 pandemic situation, and to pass a reasoned order within eight weeks. (Paras 7-8)
Issue of Consideration
Whether the order dated 28.12.2021 passed by respondent no.2 rejecting the petitioner's application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 is sustainable in law, particularly in light of the COVID-19 pandemic and the failure to consider the statutory scheme.
Final Decision
The court quashed and set aside the order dated 28.12.2021 passed by respondent no.2 in Application No.21902202101276. The court directed respondent no.2 to reconsider the petitioner's application afresh, taking into account the provisions of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 and the COVID-19 pandemic situation, and to pass a reasoned order within eight weeks from the date of receipt of the order. Rule was made absolute.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate of purchase
- Non-application of mind
- COVID-19 delay
- Writ of certiorari
- Writ of mandamus
