Case Note & Summary
The petitioner, Standard Belax India Private Limited, through its director Sachin Sinil Jain, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court challenging an order dated 20.01.2026 passed by the respondent authority. The order rejected the petitioner's application for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 (Tenancy Act) for land situated at Revenue Survey No. 221, Village Ganpatpura, Taluka Karjan, District Vadodara. The rejection was on the ground that the land in question was more than 10 hectares and that the petitioner should seek an appropriate certificate from the competent authority. The petitioner contended that the land purchased was actually less than 10 hectares, relying on a reply dated 18.11.2024 (Annexure-F) which indicated the land area was less than 10 hectares. The petitioner argued that under Section 63AA of the Tenancy Act, no opinion from the competent authority is required if the land is less than 10 hectares. The High Court, after hearing both sides, found that the land was indeed less than 10 hectares as per the reply. The court held that the rejection was unsustainable and quashed the impugned order. The court directed the respondent No.2 to issue the certificate under Section 63AA of the Tenancy Act for the said land. The petition was allowed with no order as to costs.
Headnote
A) Tenancy Law - Certificate under Section 63AA - Land less than 10 hectares - The petitioner purchased land less than 10 hectares and applied for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The respondent rejected the application stating the land was more than 10 hectares and required opinion from competent authority. The High Court held that since the land is less than 10 hectares, no such opinion is required, and quashed the rejection order, directing issuance of the certificate. (Paras 1-5)
Issue of Consideration
Whether the rejection of application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 on the ground that the land is more than 10 hectares is sustainable when the land is actually less than 10 hectares.
Final Decision
The petition is allowed. The order dated 20.01.2026 (Tenancy/D/Vashi/292/2026) is quashed and set aside. The respondent No.2 is directed to issue the certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for the land in question. Rule is made absolute. No order as to costs.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate of purchase
- Land less than 10 hectares
- No requirement of opinion from competent authority
Case Details
R/Special Civil Application No. 1652 of 2026
Prateek S. Bhatia for Petitioner, Jayneel Parikh (AGP) for Respondents
Standard Belax India Private Limited Through Sachin Sinil Jain
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging rejection of application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948.
Remedy Sought
Petitioner sought quashing of order dated 20.01.2026 and direction to respondent No.2 to grant certificate under Section 63AA of the Tenancy Act for land at Survey No. 221, Village Ganpatpura, Taluka Karjan, Vadodara.
Filing Reason
The petitioner's application for certificate under Section 63AA was rejected on the ground that the land was more than 10 hectares and required opinion from competent authority, whereas the land was actually less than 10 hectares.
Previous Decisions
Order dated 20.01.2026 (Tenancy/D/Vashi/292/2026) rejecting the application.
Issues
Whether the rejection of application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 on the ground that the land is more than 10 hectares is sustainable when the land is actually less than 10 hectares.
Submissions/Arguments
Petitioner argued that the land purchased is less than 10 hectares as per reply dated 18.11.2024, and therefore no opinion from competent authority is required under Section 63AA.
Respondent State authorities opposed the petition, but the court found the rejection unsustainable.
Ratio Decidendi
Under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948, if the land purchased is less than 10 hectares, no opinion from the competent authority is required. The rejection of the certificate on the ground that the land is more than 10 hectares is unsustainable when the land is actually less than 10 hectares.
Judgment Excerpts
the petitioner's application for obtaining certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 ... came to be rejected on the ground that the land in question is more than 10 hectors and that the petitioner to seek appropriate certificate from the competent authority.
the land purchased by the petitioner herein as referred to herein-above is less than 10 hectors and in view thereof, such opinion as sought for is not required to be taken, in light of the provision of Section 63AA of the Tenancy Act.
Procedural History
The petitioner filed an application for certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948. The respondent authority rejected the application by order dated 20.01.2026. The petitioner then filed the present Special Civil Application before the High Court of Gujarat challenging the rejection order.
Acts & Sections
- Gujarat Tenancy and Agricultural Lands Act, 1948: 63AA
