Case Note & Summary
The petitioner, Bhumikaben D/O Janakkumar Brahmbhatt W/O Chiraj Rajendrakumar Rao, filed a petition under Article 226 of the Constitution of India before the Gujarat High Court, challenging the order dated 11.02.2025 passed by the Collector, Ahmedabad (respondent no.1). The Collector had rejected the petitioner's application bearing Application No. 3071720413826 for Non-Agricultural (NA) use of her agricultural land. The petitioner contended that the rejection was in violation of the settled principles of law laid down in the case of Tushar Ghelani v. State of Gujarat, reported in 2019 (4) GLR 2578. The court heard Mr. Manish Bhatt, learned Senior Counsel with Mr. Sunil S. Joshi for the petitioner, and Mr. Jayneel Parikh, learned AGP for the respondent authorities. The court found that the Collector's order did not align with the legal principles established in Tushar Ghelani, which required a proper consideration of the application on its merits. Consequently, the court quashed and set aside the impugned order and directed the Collector to reconsider the petitioner's application afresh, in accordance with law and in light of the Tushar Ghelani decision. The petition was allowed with no order as to costs.
Headnote
A) Land Law - Non-Agricultural Use Permission - Collector's Rejection - Gujarat Land Revenue Code, 1879 - The petitioner sought quashing of the Collector's order rejecting her application for NA use of agricultural land. The court held that the rejection was in violation of the principles laid down in Tushar Ghelani v. State of Gujarat, 2019 (4) GLR 2578, and set aside the impugned order, directing the Collector to reconsider the application in light of the said decision. (Paras 3-5)
Issue of Consideration
Whether the Collector's rejection of the petitioner's application for Non-Agricultural use of agricultural land was in violation of settled principles of law laid down in Tushar Ghelani v. State of Gujarat.
Final Decision
The petition is allowed. The impugned order dated 11.02.2025 passed by the Collector, Ahmedabad is quashed and set aside. The Collector is directed to reconsider the petitioner's application afresh in accordance with law and in light of the decision in Tushar Ghelani v. State of Gujarat. Rule is made absolute. No order as to costs.
Law Points
- Non-Agricultural use permission
- Agricultural land conversion
- Collector's power
- Article 226 of Constitution of India
- Gujarat Land Revenue Code
- 1879
