IMPORTANT POINT
The distinction between 'Old agreement' and 'Old tenure' land is crucial in determining premium obligations for land conversion under the Gujarat Land Revenue Code.

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 question from agricultural to non-agricultural purposes. We may clarify at this stage itself that the land in question mentioned in this judgement refers to the original Survey No.250, which was allotted to the original tenure holder along with other six(06) plots on 15.06.1943. The original Survey No.250 was later subdivided into six(06) parcels of lands, which were purchased by the original petitioner and with respect to which six (06) applications were filed seeking for grant of NA permission, which have been rejected by orders impugned (six in number), subject matter of challenge in the original petition, out of which the instant appeal has arisen.

4. The dispute revolves around the nature of the land in question which was allotted to the original tenure holder on 15.06.1943. The demand of premium for conversion of six parcels carved out from the land in question from agricultural to non-agricultural purposes, is based on the stand of the Collector in the order impugned that the land in question original Survey No.250 was allotted as indivisible on Old agreement terms, which may be mentioned as “Juni Karar”. In the Revenue records, in Village form No.7/12, the six parcels of the land in question are still shown as “Juni Sharat” i.e. “Old agreement” and not as “Old tenure”.

5. The submission of Ms.Hetal Patel, learned Assistant Government Pleader appearing for the State appellants is that for the nature of the land in question which is “Juni Karar” i.e. Old agreement and not as Old tenure land, the subject land is considered to be a restricted tenure land and the respondent, namely the original writ petitioner is liable to pay premium under the title of “permission for payment of premium for new and indivisible condition of lands non-agricultural purposes and non-agricultural permission”. The submission is that the learned Single Judge in the judgement impugned has erred in simply relying upon the previous decisions of the writ Court ignoring the status of the land in question and the fact that the original petitioner did not submit any document of proof in the previous rounds of litigation to establish the subject land being Old tenure land.

6. The submission is that the original petitioner has succeeded in getting orders from the writ Court in the previous round of litigation vide judgement and order dated 21.08.2014, by making a false statement of the Survey No.250 being Old tenure land. The Division Bench in the judgement and order dated 23.01.2023 passed in Letters Patent Appeal No.856 of 2015, however, has modified the order of the writ Court by providing that it was open for the competent authority to deal with the application seeking conversion within the exercise of its power in the manner known to law.

7. The submission of the learned Assist