C/SCA/9086/2017 JUDGMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 9086 of 2017

With

R/SPECIAL CIVIL APPLICATION NO. 9087 of 2017

With

R/SPECIAL CIVIL APPLICATION NO. 9088 of 2017

With

R/SPECIAL CIVIL APPLICATION NO. 9089 of 2017

With

R/SPECIAL CIVIL APPLICATION NO. 9090 of 2017

With

R/SPECIAL CIVIL APPLICATION NO. 13789 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE C.L. SONI Sd/-

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1 Whether Reporters of Local Papers may be allowed to

see the judgment ?

No

2 To be referred to the Reporter or not ?

Yes

3 Whether their Lordships wish to see the fair copy of the

judgment ?

No

4 Whether this case involves a substantial question of law

as to the interpretation of the Constitution of India or any

order made thereunder ?

No

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SHASHIKANT VASUDEVBHAI PATEL

Versus

STATE OF GUJARAT

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Appearance in Special Civil Application Nos.9086 to 9090 of 2017:

MR SHITAL R PATEL(2166) for the PETITIONER(s) No. 1

MS NISHA THAKORE, AGP for the RESPONDENT(s) No. 1

NOTICE SERVED(4) for the RESPONDENT(s) No. 1,2

Appearance in Special Civil Application No.13789 of 2017:

MS TRUSHA K PATEL ADVOCATE for the PETITIONER(s) No. 1

MS SANGEETA VISHEN, AGP for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE C.L. SONI

Date : 10/09/2018

COMMON ORAL JUDGMENT

Page 1 of 25

C/SCA/9086/2017 JUDGMENT

1.

In these petitions, the Court is called upon to decide whether

the word ‘Person’ used in section 63AB of the Gujarat Tenancy and

Agricultural Act, 1948 (‘the Act’ for short) denotes only the natural

person/individual human being or it also includes juristic/legal

person like company, co-operative society etc. Such question has

arisen in view the challenge made to the instructions dated

17.02.2018 issued by the Revenue Department of the State

Government to all Collectors. In above instructions to the Collectors,

it is stated that by amending Act 28 of 2015, Section 63AB is

inserted in the Act, as per which when the transfer of the land in

favour of such a person who is not an agriculturist and thereafter if

the last transaction of the land is on or before 30.06.2015 in favour

of the person who is agriculturist, then for use of such land only for

agriculture purpose, the last transaction could be declared valid by

charging 10% of Jantri value of the land. It is further stated that the

above amendment is self explanatory as per which the person not

an agriculturist that is to say non-agriculturist is considered to be an

individual as per the Act and in such circumstances, before the last

transaction, if the agricultural lands of Co-operative farming

Society/Co-operative society /Company/Partnership were transferred

to the agriculturists then in those cases such transactions could not

be validated by taking 10% amount and if any such decisions are

taken then they shall be treated contrary to law and shall be

required to be cancelled.

2.

By Gujarat Act No.28 of 2015, some provisions of the Act are

amended and Section 63AB is inserted in the Act, which reads as

under:

63AB. Last transaction if made to an agriculturist to be valid

even if earlier transaction or transactions may be

invalid.(1) Notwithstanding anything contained in section

63, where the Mamlatdar suo moto or on the application of

any person interested in the land, has reason to believe that,

in the breach of the provisions of clause (a), (b) or (c) or sub-

section (1) of section 63, transfer of the land had take