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NIRZAR S. DESAI
Vrajesh S/o Surendrabhai Jaydevbhai Patel – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. By way of this petition, the petitioner has challenged the order/communication dated 11.1.2023 passed by the District Collector, Kheda rejecting the petitioner's application for converting the land into non agricultural land on the ground that there is no clarity about whether the restrictions under Section 43 of the Gujarat Tenancy and Agricultural Land Act, 1948 would be applicable in respect of land in question and whether any premium is required to be levied in respect of such conversion or not.
2. Heard learned advocate Mr. Darshan M. Varandani appearing for the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara appearing for the respondent - State.
3. With the consent of learned advocates appearing for the parties, the matter was taken up for final hearing. Hence, RULE. Learned Assistant Government Pleader Mr. Nikunj Kanara waives service of rule on behalf of the respondent - State.
4. The brief facts as stated by learned advocate Mr. Varandani are as under:-
4.1 The dispute pertains to a land situated at village Lakhavad Party, Taluka Nadiad (City), District Kheda bearing Survey No.1171/B/2. According to the petitioner on 12.9.1960, the land beari
The main legal point established in the judgment is the application of the provisions of the Gujarat Tenancy and Agricultural Lands Act, 1948, particularly Section 63, Section 65, and Section 65A, to....
The conclusion of an administrative review requires the immediate consideration of pending applications for land conversion and NA permission from the original submission date, not as fresh applicati....
The last contention regarding n on applicability of provisions of the Act to a land which is permitted to be converted into n on agricultural land by a competent Court also merits acceptance in light....
Point of law: The Court is unable to accept such argument on the ground that while treating the restriction under Section 43 of the Tenancy Act, the premium charged was only for the purpose of change....
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