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. The petitioner challenged an order dated 20.01.2026 passed by the respondent authorities, which rejected its 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 based on the ground that the land in question was more than 10 hectares, and therefore, the petitioner was required to seek an appropriate certificate from the competent authority. The petitioner contended that the land was actually less than 10 hectares, relying on a reply dated 18.11.2024 (Annexure-F) which indicated the land area was below the threshold. The petitioner argued that under Section 63AA, the requirement for an opinion from the competent authority only arises if the land exceeds 10 hectares. The High Court, after hearing both sides, examined the record and found that the land area was indeed less than 10 hectares. Consequently, the court held that the condition for obtaining an opinion from the competent authority was not attracted, and the rejection order was unsustainable. The court quashed the impugned order and directed the respondent No.2 to issue the certificate under Section 63AA within four weeks from the date of receipt of the order. The petition was allowed with no order as to costs.
Headnote
A) Tenancy Law - Certificate under Section 63AA - Land Area Determination - The petitioner sought a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 for land at Survey No. 221, Village Ganpatpura. The respondent rejected the application on the ground that the land was more than 10 hectares and required an opinion from the competent authority. The High Court held that since the land was less than 10 hectares, the condition for obtaining such opinion was not attracted, and the rejection was unsustainable. (Paras 1-5)
Issue of Consideration
Whether the rejection of the petitioner's application for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 on the ground that the land exceeds 10 hectares is sustainable when the land is actually less than 10 hectares.
Final Decision
The petition is allowed. The impugned order dated 20.01.2026 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 within four weeks from the date of receipt of the order. No order as to costs.
Law Points
- Section 63AA of Gujarat Tenancy and Agricultural Lands Act
- 1948
- Certificate of purchase
- Land area less than 10 hectares
- No requirement of opinion from competent authority
