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HIGH COURT OF GUJARAT
NSK
NITABEN VIRENDRASINH PARMAR THROUGH POA HOLDER RAJNIBHAI HAMIRBHAI CHAUHAN – Appellant
Versus
MAMLATDAR – Respondent
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Ms.Sneha Joshi with learned advocate Mr.Dhruv Panchal on behalf of the petitioners and learned Assistant Government Pleader Mr.Nikunj Kanara on behalf of the respondent – State.
2. By way of these petitions, the petitioners challenge orders dated 01.01.2025 passed by the Gujarat Revenue Tribunal more particularly whereby the GRT has rejected the applications for interim relief preferred by the petitioners in respective Appeal Applications being No.AA/685/2019, AA/684/2019, AA/688/2019 and AA/683/2019.
3. Considering the submissions made by learned advocate Ms.Joshi and learned AGP Mr.Kanara, it would appear that the petitioners were conducting the activity of shrimp farming upon the lands in question and whereas, the petitioners were issued with notice under Section 79A of the Land Revenue Code by the Deputy Collector and whereas, after affording appropriate opportunity to the petitioners, the Deputy Collector, Khambhat has passed order dated 16.08.2018 more particularly holding that the petitioners were carrying out the activity of shrimp farming without taking appropriate permissions and therefore, the land were directed to be ve
The court ruled that shrimp farming does not qualify as agricultural activity under the Tenancy Act, and petitioners failed to establish rights to the lands or criteria for interim relief.
The court emphasized the necessity of obtaining permissions for non-agricultural activities on agricultural lands, allowing petitioners to apply for such permissions while providing temporary protect....
Agriculturists from other states are recognized under Gujarat Tenancy Act; delay beyond reasonable period for revising agriculturist status renders proceedings void.
Authority under Gujarat Land Revenue Code cannot assess land title when considering applications for Non-Agricultural permission; the focus must remain on occupancy rights.
A Tribunal must consider delay and established equity before ruling on tenancy rights; long possession and undisputed admissions can override substantial delays, ensuring justice is served.
Revenue authorities must comply with higher court decisions and cannot impose restrictions that have been legally overturned.
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