IMPORTANT POINT
The court emphasized the principle that rejection of an application for land conversion based on a past breach, without subsequent action against the responsible parties, is unjustifiable.

JUDGMENT :

1. Heard. Learned Advocate, Mr. Vakil, for the petitioner and learned AGP, Ms. Sarda, for the Respondent.

2. By way of this petition, the petitioner has challenged two separate orders, passed by the Collector, Ahmedabad, in respect of two separate piece of lands for which the petitioner had made an application for conversion from agricultural to non-agricultural land and which came to be rejected vide orders dated 18.12.2023, on the ground that the predecessor- in-title of the subject land, sold the same to the petitioner without obtaining necessary permission from the competent authority and therefore, there is breach of the provisions of Section 63 of the Gujarat Tenancy and Agricultural Land Act, 1948 (in brief, ‘Tenancy Act’).

3. Heard, learned Advocate, Mr. Vakil, appearing for the petitioner and learned AGP, Ms. Sarda, appearing for the Respondent-State.

4. Though, there are two separate petitions filed in respect of two separate lands, but, considering the fact that the orders impugned in both the petitions are passed on the same date and as the parties are also same in both the matters, they are taken-up for hearing together and being disposed of by this common order.

4.1 Hence, RULE. Learned AGP, Ms. Sarda, waives service of rule for the Respondent.

5. Special Civil Application No. 1048 of 2024 is filed in respect of the part of the old tenure land bearing Survey No. 268/2, admeasuring 5123 sq.mts. (out of the total area of 10,421 sq.mts.), situated at Village: Godhavi, Taluka: Sanand, District: Ahmedabad (i.e. the land in question, herein after).

5.1 The land in question in SCA No. 1048 of 2024 originally belonged to one Bai Sarla Hematsang W/d. Khodabhai, as her name came to be entered into revenue record under the provisions of the Taluqdari Abolition Act, 1949 and a mutation entry being Entry No. 359, came to be mutated on 05.06.1954.

5.1.1 It appears that Bai Sarla made an application under Section 63 of the Tenancy Act to sell/transfer the land in question to one Archita Farm Pvt. Ltd. (‘AFPL’, herein after). Pursuant thereto, a certificate dated 08.10.1984 came to be issued by the Deputy Collector to AFPL, as provided under Rule 36(1)(f) of the Bombay Tenancy and Agricultural Rules, 1956 (in brief, ‘Tenancy Rules’) and then, the Deputy Collector passed an order dated 08.10.1984 and granted permission to sell/transfer the land in question to AFPL, on the term and conditions mentioned in the order datd 31.12.1984. The order of the Deputy Collector came to be recorded in the revenue record vide Entry No. 2367, Dated: 31.12.1984. Bai Sarla, pursuant to the order dated 08.10.1984 passed by the Deputy Collector, executed a registered sale deed dated 23.10.1984 in favour of AFPL and consequently AFPL was handed over the possession of the land, admeasuring 10,421 sq.mts., and the name of the AFPL came to be mutated in the revenue Record vide Entry No. 2374 on 31.12.1984.

5.1.2 Once the AFPL was put into possession of the lands in question, pursuant to the aforesaid sale deed, the AFPL executed a sale deed in favour of one Uresh Jayantilal and Mehul Ureshbhai on 07.03.2007 in respect of the land, admeasuring 10,421 sq.mts.. Thereafter, Uresh Jayantilal and Mehul Ureshbhai executed a ale deed dated 05.07.2023 in favour of the present petitioner and sold the land, admeasuring 5123.4 sq.mts.. Pursuant thereto, the name of the petitioner came to be mutated in the revenue record vide Entry No. 10914, Dated: 08.08.2023, and the same has been in force, as on today.

5.2 Insofar as, the facts of Special Civil Application No. 1085 is concerned, the same is filed in respect of the land, which originally belonged to one Khodaji Modji, as his name came to be entered in the revenue records vide Entry No.69, Dated: 08.05.1954, as per the provision of the Taluqdari Abolition Act. Since, Khodaji Modji passed away, the name of Ugraji Khodaji, who was his heir, came to be entered into the revenue record vide Entry No.582 on 19.01.1958.

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