A valid certificate of an agriculturist suffices for granting permission under Section 65B, and rejection based on unverified status is unjustified.

JUDGMENT :

Nirzar S. Desai, J.

1. By way of this petition, the petitioner has challenged the order dated 29.6.2023 as well as order dated 21.7.2023 whereby the petitioner's application seeking permission for converting the land into industrial purpose under Section 65B was rejected.

2. By consent of learned advocates appearing for the parties, the matter was taken up for final hearing. Hence, RULE. Learned Assistant Government Pleader Ms. Krushita Dave waives service of rule on behalf of the respondent-State.

3. Heard learned advocate Mr. Aadit R. Sanjanwala appearing for the petitioner and learned Assistant Government Pleader Ms. Krushita Dave appearing for the respondent-State.

4. By way of this petition, the petitioner has prayed for the following reliefs :-

"(a) That the Hon'ble Court may be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction to quash and set aside communications dated 29.06.2023 (Annexure-A) and 21.07.2023 (Annexure-B) and further be pleased to issue a writ of mandamus or any appropriate writ, order or direction mandating the Collector, Bharuch to expeditiously reconsider and grant the Certificate under Section 65B to the Petitioner;

(b) Pending the hearing and final disposal of this petition, the Hon'ble Court may be pleased to pass appropriate orders directing the Collector, Bharuch to expeditiously reconsider and grant the Certificate under Section 65B to the Petitioner;

(c) Ad-interim relief in terms of prayer clause (b) above;

(d) For costs;

(e) For such other and further reliefs that the Hon'ble Court deems fit in the interest of justice."

5. The brief facts giving rise to the petition as stated in the petition are as under :-

5.1 It is the case of the petitioner that the dispute is in respect of land bearing Block No. 188 (Old Survey No. 1004) of Village Dahej, Taluka Vagra, District Bharuch. The petitioner is the present owner of the land in question and he has purchased the above land by way of a registered sale deed dated 6.10.2021. The petitioner is engaged in the business of manufacturing agrochemicals and other allied segments and having its registered office at Chennai and manufacturing plant is in Dahej, Gujarat. The manufacturing plant of the petitioner company is situated on land bearing Survey Nos. 979, 980, 981, 982, 990, 995, 996 and 1002 of Village Dahej, District Bharuch. The land in question having old survey No. 1004 is the land which is immediately adjoining the land of the aforesaid land on which the petitioner's manufacturing plant was originally established.

5.2 As the petitioner was intending to expand its manufacturing unit, he purchased the land bearing survey Nos. 1003 and 1004 by way of a registered sale deed dated 6.10.2021 and as the land was purchased with a view to utilize it for bonafide industrial purpose, according to the petitioner, no prior agricultural use permission was required under Section 65. According to the petitioner, though the petitioner is entitled to commence the use of bonafide industrial purpose and obtained certificate under Section 65(B) and more particularly, under Section 65B(1)(b)(ii), if the occupant of the land utilizes or used or held the land for the agricultural purpose such use of land shall be lawful for him to use such land for bonafide industrial purpose without permission of the Collector subject to fulfillment of aforesaid condition.

5.3 According to the petitioner, as per Section 65B(2)(b) when an occupant commences the use of the land for a bonafide industrial purpose, he shall, within 30 days from the date of commencement of use, send a notice of date of commencements along with other particulars to the Collector, who is empowered to make an inquiry under Sub-section 3 of the Section 65B and then if the Collector is satisfied about the use of land then he shall issue a certificate to that effect.

5.4 Accordingly, the petitioner applied before the Collector, Bharuch to obtain the Certificate under Section