IMPORTANT POINT
Court affirmed the need for compliance with prior orders regarding land premium payments while allowing the regularization of a 1972 transaction.

JUDGMENT :

Sangeeta K. Vishen, J.

By way of the captioned writ petition, the petitioners have prayed for quashing and setting aside the order dated 17.08.1989 passed by the Mamlatdar & ALT, Bhavnagar; order dated 23.04.1990 passed by the Deputy Collector, Bhavnagar; and order dated 19.04.2005 passed by the Gujarat Revenue Tribunal, Ahmedabad (hereinafter referred to as ‘the Tribunal’).

2. Brief facts are that the land bearing survey no.226 paiki admeasuring 8 acres 0 gunthas (hereinafter referred to as ‘the land in question’) originally belonged to Shri Bhikhabhai Jinabhai, the account holder which was pursuant to the order dated 18.11.1969 passed by the Mamlatdar, Bhavnagar in Tenancy Case no.716/1968. Certificate was issued under Section 32G of the Gujarat Tenancy and Agricultural Land Act, 1948 (hereinafter referred to as ‘the Act of 1948’) with necessary entry no.923 dated 21.11.1969, posted in the revenue record. In the year 1972, the original owner – tenant had executed a registered sale deed dated 22.03.1972 in favour of Haribhai Ghusabhai for consideration of Rs.12,000/- and entry no.1096 dated 10.06.1972 was posted in the revenue record. After almost 11 years, notice dated 02.04.1988 came to be issued under the provisions of Section 84C of the Act of 1948 which culminated into passing of the order dated 17.08.1989 by the Mamlatdar & ALT, Bhavnagar unsuccessfully challenged before the Deputy Collector. In the revision the Tribunal, dismissed the revision by passing an order dated 19.04.2005 and hence, the captioned writ petition.

3. Mr Deepak N. Khanchandani, learned advocate for the petitioners, at the outset, submitted that the issue now lies in a very narrow compass, in view of the order dated 09.10.2007 passed by this Court wherein, liberty was given to the petitioners to approach the Collector with a request to grant ex post facto sanction and the Collector, was further directed to consider the same in light of the fact that the petitioners, are ready and willing to pay the amount of premium payable in 1972.

3.1 It is submitted that immediately, thereafter, on 12.10.2007, the petitioners approached the Collector with a request to determine the premium as per the existing Jantri. Thereafter, in the interregnum, no steps could be taken either at the end of the petitioners or at the end of the Collector and therefore, the petitioners were constrained to file Civil Application no.1 of 2021, seeking direction. Reminder letter was addressed to the Collector on 03.03.2023, reiterating the request of deciding the application. After that this Court, has passed an order dated 14.06.2023 requiring the authorities to take a decision. Subsequent thereto on 22.08.2023, order has been passed by the Collector & District Magistrate, Bhavnagar wherein, the petitioners were directed to deposit 25% of the market value, i.e. Rs.64,75,000/-, which they did on 17.07.2023 and for which, requisite challan has been issued by the concerned treasury.

3.2 It is submitted that the Collector; however, has disposed of the application on the ground that the petitioners, have not deposited the amount of Rs.2,40,87,000/- towards the conversion of land from agriculture to non-agriculture. It is submitted that the petitioners, at this stage, are not desirous of converting the land from agriculture to non-agriculture for which, requisite affidavit has also been filed, declaring before this Court that the petitioners would be using the land for agriculture purpose and are ready and willing to pay the premium. As and when the petitioners intend to use the said land for the non-agriculture purpose. It is therefore, submitted that the petitioners are also ready and willing to see that necessary entry in the revenue record is posted, requiring the petitioners to pay an amount of premium for conversion from agriculture to non-agriculture in future. It is therefore, urged that the petition may be disposed of accordingly.

4. Mr Krutik Parikh, learned Assistant Gover