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HIGH COURT OF GUJARAT
USTICE NIKHIL S. KARIEL
Nidhiben Bharatbhai Mori – Appellant
Versus
Mamlatdar – Respondent
ORDER :
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 passed by the Gujarat Revenue Tribunal dated 01.01.2025 in Appeal Application Nos. AA/687/2019, AA/689/2019, AA/682/2019 and AA/686/2019 more particularly whereby the GRT has rejected the applications for grant of interim relief.
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 lands were directed to be vested with the State Government and whereas, the Mamlatdar
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....
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.
Point of law: When one examines the aspect of appeal preferred by the contesting respondents, one would find it difficult to accept as to how the right to appeal is said to have been conferred upon a....
Authority under Gujarat Land Revenue Code cannot assess land title when considering applications for Non-Agricultural permission; the focus must remain on occupancy rights.
Rejections based on procedural technicalities do not bar subsequent applications under the Gujarat Tenancy and Agricultural Lands Act, as the Collector's powers are administrative, not quasi-judicial....
Point of law: Since notice has been issued after 78 years, it is completely beyond the period of limitation and, therefore, the notice itself would be a nullity and without any jurisdiction. When the....
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