Case Note & Summary
The petitioner, Advance Industrial Park, purchased agricultural land situated at Revenue Survey No. 217, Village-Vemardi, Taluka-Karjan, Vadodara, from Patel Manubhai Mahijibhai by a registered sale deed dated 07.03.2022 for industrial purposes under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The sale was recorded in revenue records via Entry No. 3694. On 01.01.2024, the petitioner applied online (Application No. 21911202309603) to the respondent authorities for a certificate under Section 63AA. The respondent No. 2 rejected the application by order dated 07.03.2024 (No. 360/19/11/023/2024) without assigning any reasons and without giving the petitioner an opportunity of being heard. Aggrieved, the petitioner filed the present writ petition seeking certiorari to quash the rejection order and mandamus to direct the respondent to grant the certificate. The High Court observed that the rejection was arbitrary and in violation of natural justice. The court noted that the petitioner had purchased the land for industrial purposes and there was no prohibition under the Act. The court quashed the impugned order and directed respondent No. 2 to grant the certificate under Section 63AA within four weeks from the date of receipt of the order. Rule was made absolute.
Headnote
A) Tenancy Law - Certificate under Section 63AA - Industrial Use - The petitioner purchased agricultural land for industrial purposes and applied for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The respondent rejected the application without providing any reasons or opportunity of hearing. The High Court held that the rejection was arbitrary and violative of principles of natural justice, and directed the respondent to grant the certificate within four weeks. (Paras 1-8)
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 land purchased for industrial purposes.
Final Decision
The High Court allowed the petition, quashed the order dated 07.03.2024, and directed respondent No. 2 to grant the certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 within four weeks from the date of receipt of the order. Rule made absolute.
Law Points
- Section 63AA of the Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate for non-agricultural use
- Industrial purpose
- Online application
- Rejection without reasons
- Writ of certiorari
- Writ of mandamus
