The main legal point established in the judgment is that the possession of the land with the transferee from the date of the Agreement to Sell, and the passing of a consent decree, rendered the transaction not hit by the amended Section 73-AA of the Gujarat Land Revenue Code.

JUDGMENT :

1. By filing this petition, the petitioners have prayed to quash and set aside order dated 12.3.2015 passed by Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision No.MVV/JMN/BHCH/14/2014 and order dated 9.12.2014 passed by Collector, Bharuch in Bhumi/Vashi/ 8304. It is also prayed to direct respondent no.3 to issue No Objection Certificate stating that restriction of Section 73-AA of Gujarat Land Revenue Code does not apply to the Sale Deed dated 10.12.2014.

2. The short facts giving rise to the present petition are that agricultural land (Old Tenure) bearing Block no. 21 paiki 3 admeasuring 17,199 sq. mtrs. situated in the sim of Amadada Tal.Dist. Bharuch was originally owned by deceased Shankarbhai Ichhalabhai. That Late Shankarbhai had executed an agreement to sale dated 29/2/80 in favour of Rustambhai Sulemanbhai Patel for the consideration to tune of Rs. 2,15,000/and handed over the physical and actual possession of the said land to Rustam Suleman Patel and since then Rustam Suleman Patel had been in lawful possession of the said land. Rustam Suleman Patel had assigned his rights of the said Agreement to Sell dated 29/2/80 in favour of the present petitioner by executing Agreement to Sell dated 9/6/89.

2.1 Late Shankarbhai Ichhalabhai passed on 1/6/92. The names of Respondents no. 4 to 6 were recorded in the Hakkpatrak by succession entry no. 1484. The aforesaid land was converted in to old tenure from new tenure by order dated 26/6/2009 passed in Tenancy Case no. 21/2003/Vasi and to that effect entry No. 1743 dated 27/7/09 came to be mutated in the revenue record. There was no endorsement of restriction of section 73AA in the revenue record since 1980.

2.2 The petitioners state that after conversion of the land in old tenure on 26/6/09, Rustam Suleman Patel approached Respondent nos. 4 to 6 time and again and requested for performance of an agreement dated 29/2/80 as the said land has become old tenure, however, Respondent nos. 4 to 6 did not pay heed to the request and therefore Rustambhai sent a legal notice dated 7/8/12 through Advocate calling upon Respondent nos. 4 to 6 to perform said agreement. Failure on the part of the Respondent nos. 4 to 6 to comply with the said notice, Rustambhai Suleman Patel filed Civil Suit No. 204/12 against the Respondent nos. 4 to 6 on 9/11/12 in the Court of Civil Judge at Bharuch for specific performance of the said agreement. In the said suit settlement came to be arrived at and the parties have compromised the suit and filed compromise pursis dated 2/10/13 and obtained decree dated 15/10/13 from the Hon’ble trial Court. In view of aforesaid compromise decree, respondents no. 4 to 6 were required to execute Sale Deed in favour of Rustam Suleman Patel or such person as may be named by Rustam Suleman. In pursuance thereof respondent nos. 4 to 6 executed Sale Deed dated 10/2/14 which is registered at Index no. 1301 in favour of the present petitioners for consideration of Rs.7,15,000/-and Rustam Suleman Patel confirmed the said Sale Deed by becoming confirming party and Rustam Suleman Patel handed over the physical possession of the said land as per Sale Deed to the present Petitioners. The petitioners state that the said Sale Deed was registered before the Sub-registrar office at Bharuch vide Index no. 1301 on 10/2/14. After the registration of the said sale deed, Sub-Registrar, Bharuch impounded the said Sale Deed and asked the petitioners to bring No Objection Certificate from the Collector as the transfer of the said land is not restricted under section 73AA of Gujarat Land Revenue Code.

2.3 The petitioners state that thereafter the petitioners moved an application dated 24/2/2014 to the Collector Shri, Bharuch inter-alia requesting to issue No Objection Certificate on the basis that the restriction of 73AA does not apply to the aforesaid Sale Deed dated 10/2/14 as the transfer of occupancy of the said land took place on 29/2/80 by the virtue of Agreemen