Case Note & Summary
The petitioner, Mewad Polymers Private Limited, purchased agricultural land situated at Revenue Survey No.316, Village-Puniyad, Taluka-Dabhoi, Vadodara, for industrial purposes. The land was originally owned by Patel Pushpaben Somabhai, Patel Jashodaben Somabhai, Patel Ramanbhai Somabhai, and Patel Ashabhai Somabhai, who sold it to Niteshbhai Ugarchand Shah via registered sale deed dated 04.06.2018, with mutation entry No.3396 dated 10.08.2018. Subsequently, the petitioner purchased the land from Niteshbhai Ugarchand Shah by registered sale deed dated 12.10.2022, and mutation entry No.3872 was recorded. The petitioner applied to the Deputy Collector, Dabhoi (Respondent No.2) for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948, which is required for non-agricultural use of agricultural land by a company. The Deputy Collector, by order dated 15.07.2023 (bearing number 2639/19/09/081/2023 in Application No.21909202303518), rejected the application solely on the ground that the petitioner failed to comply with Rule 28A of the Gujarat Tenancy and Agricultural Lands Rules, 1948. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash the order and a writ of mandamus directing the respondent to grant the certificate. The petitioner contended that the impugned order was passed without any show-cause notice or opportunity of hearing, violating principles of natural justice. The respondent State, represented by the Assistant Government Pleader, did not file any affidavit but waived service of rule. The High Court, after hearing the petitioner's counsel and the AGP, observed that the impugned order was cryptic and did not specify the nature of non-compliance with Rule 28A. The court noted that the petitioner had submitted all necessary documents, including the registered sale deed, revenue entries, and other relevant papers. The court held that the rejection without affording an opportunity of hearing was unsustainable and quashed the order. The court directed the Deputy Collector to decide the application afresh, after giving the petitioner a reasonable opportunity of hearing, and to pass a reasoned order in accordance with law. The petition was allowed, and rule was made absolute.
Headnote
A) Gujarat Tenancy and Agricultural Lands Act, 1948 - Section 63AA - Certificate for non-agricultural use - Rejection without hearing - The petitioner company purchased agricultural land for industrial purposes and applied for certificate under Section 63AA. The respondent authority rejected the application solely on the ground that the petitioner failed to comply with Rule 28A of the Gujarat Tenancy and Agricultural Lands Rules, 1948, without issuing any show-cause notice or affording an opportunity of hearing. The High Court held that the impugned order was passed in violation of principles of natural justice and quashed the same, directing the respondent to decide the application afresh after giving the petitioner a reasonable opportunity of hearing. (Paras 5-7) B) Gujarat Tenancy and Agricultural Lands Act, 1948 - Section 63AA - Rule 28A of Gujarat Tenancy and Agricultural Lands Rules, 1948 - Compliance - The court noted that the petitioner had submitted all necessary documents including the registered sale deed, revenue entries, and other relevant papers. The rejection order merely stated non-compliance with Rule 28A without specifying the deficiency. The court observed that the authority must provide specific reasons and an opportunity to rectify any defects before rejecting an application. (Paras 5-6) C) Constitutional Law - Article 226 - Writ of certiorari - Quashing of order - The High Court exercised its writ jurisdiction to quash the order dated 15.07.2023 passed by the Deputy Collector, Dabhoi, as it was passed in violation of natural justice. The court directed the respondent to decide the application afresh in accordance with law, after affording the petitioner a reasonable opportunity of hearing. (Paras 7-8)
Issue of Consideration
Whether the order dated 15.07.2023 rejecting the petitioner's application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 on the ground of non-compliance with Rule 28A of the Gujarat Tenancy and Agricultural Lands Rules, 1948 is sustainable in law, especially when no opportunity of hearing was afforded to the petitioner.
Final Decision
The High Court allowed the petition, quashed the order dated 15.07.2023 passed by the Deputy Collector, Dabhoi, and directed the respondent to decide the application afresh after giving the petitioner a reasonable opportunity of hearing, in accordance with law. Rule made absolute.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Rule 28A of Gujarat Tenancy and Agricultural Lands Rules
- Natural justice
- Opportunity of hearing
- Writ of certiorari
- Writ of mandamus
