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SUNITA AGARWAL, PRANAV TRIVEDI
State Of Gujarat – Appellant
Versus
Ajay Surendrabhai Patel – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Heard learned counsels of the parties and perused the record.
2. This Letters Patent Appeal is directed against the judgement and order dated 24.07.2023 passed by the writ Court granting prayer of the writ petitioner to set aside a set of three orders dated 25.02.2023 and another set of three orders dated 01.03.2023, further issuing directions to the Collector to consider the application for grant of NA permission, on its merit, treating the land in question to be an Old tenure in terms of the judgement and order dated 21.08.2014 passed in Special Civil Application No. 9045 of 2012, as also the judgement and order dated 23.01.2023 in Letters Patent Appeal No. 856 of 2015. It is directed by the writ Court that the Collector, Ahmedabad shall decide the application in accordance with the observations in the aforesaid orders of this Court within the period of four weeks from the date of receipt of the order.
3. This is the second round of litigation with respect of the land in question, wherein the only dispute is with respect to the claim of the State authorities to charge premium for conversion of the land in
The distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.
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....
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....
Court affirmed the need for compliance with prior orders regarding land premium payments while allowing the regularization of a 1972 transaction.
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 court affirmed the right of a permanent leaseholder to ownership based on government resolution, ruling state delay and inaction as unfair and detrimental to leaseholder rights.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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