Case Note & Summary
The petitioner, Mewad Polymers Private Limited, purchased agricultural land situated at Revenue Survey No.70, Village-Fazalpur (Ankhi), Taluka & District: Vadodara, for industrial purposes under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The land originally belonged to Prakashchandra Ushakant Vaishnav, Udaybhai Ushakant Vaishnav, and Pragyaben Ushakant Vaishnav, who sold it to Patel Nikunj Chunnilal Patel by a registered sale deed dated 24.12.2020, and the mutation was recorded in revenue Entry No.1348 dated 10.03.2021. The petitioner then applied online on 10.03.2021 to the respondent No.2 (the Deputy Collector) for permission under Section 63AA. The respondent No.2 rejected the application by order dated 04.01.2022, stating that the land had already been put to non-agricultural use prior to the application, and thus the petitioner was not entitled to the certificate. The petitioner challenged this order by way of a writ petition under Article 226 of the Constitution before the Gujarat High Court. The court examined the provisions of Section 63AA, which allows a person who has purchased agricultural land for a bona fide industrial purpose to apply for a certificate. The court found that the respondent No.2's reasoning was flawed because Section 63AA does not require that the land must not have been converted to non-agricultural use before the application; rather, it permits such conversion for industrial purposes. The court held that the rejection was without application of mind and contrary to the legislative intent. The court quashed the impugned order and directed the respondent No.2 to grant the certificate under Section 63AA to the petitioner. The petition was allowed with no order as to costs.
Headnote
A) Gujarat Tenancy and Agricultural Lands Act, 1948 - Section 63AA - Certificate for Non-Agricultural Use - Bona Fide Industrial Purpose - The petitioner purchased agricultural land for industrial purposes and applied under Section 63AA for permission. The respondent No.2 rejected the application on the ground that the land was already put to non-agricultural use prior to the application. The High Court held that the rejection was without application of mind and contrary to the provisions of Section 63AA, which does not prohibit such conversion if the land is used for a bona fide industrial purpose. The court quashed the order and directed the respondent to grant the certificate. (Paras 1-9) B) Writ Jurisdiction - Certiorari - Quashing of Administrative Order - The High Court exercised its writ jurisdiction under Article 226 of the Constitution to quash an order passed by the authority under the Gujarat Tenancy and Agricultural Lands Act, 1948, as the order was found to be arbitrary and without proper application of mind. The court held that the authority failed to consider the petitioner's bona fide industrial use and the fact that the land had already been converted to non-agricultural use. (Paras 1-9)
Issue of Consideration
Whether the respondent No.2 was justified in rejecting the petitioner's application under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for permission to use agricultural land for industrial purposes, and whether the impugned order dated 04.01.2022 is sustainable in law.
Final Decision
The petition is allowed. The order dated 04.01.2022 passed by the respondent No.2 in Application No.21902202101266 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 to the petitioner for the subject land. Rule is made absolute. No order as to costs.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate for non-agricultural use
- Bona fide industrial purpose
- Prior conversion to non-agricultural use
- Rejection without application of mind
- Writ of certiorari
