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2026 Supreme(Online)(Guj) 11758
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vaibhavi D. Nanavati, J
Muljibhai Mohanbhai Kavar – Appellant
Versus
State Of Gujarat – Respondent
R/SPECIAL CIVIL APPLICATION NO. 11566 of 2024 | CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2026
Important Points
Subject
Administrative Law - Land Revenue and Property
Act Referred
Headnote
Facts of the case:
The petitioner, as an occupier of land allotted for industrial purposes, sought permission for a change of user to establish a specific service station. The application was submitted under an existing government resolution specifically permitting such changes upon payment of a percentage of the prevailing land assessment rates. The authority rejected the application through a non-speaking communication, failing to apply the relevant governing resolution or provide adequate reasoning for the refusal.
Findings of Court:
The Court observed that the impugned communications were non-speaking and defied the principles of transparency. The authority failed to address the applicability of the relevant government resolution in its order, attempting instead to justify the rejection through subsequent affidavits, which is impermissible under established administrative law.
Issues: The main issues were the adequacy of the reasoning provided by the administrative authority in its order and the correct application of government policies pertaining to the alteration of industrial land usage.
Ratio Decidendi: The Court held that administrative orders are required to be reasoned and transparent. As the authority failed to engage with the relevant policy in the original order, the decision was found to be legally flawed. Judicial review must focus on the reasoning contained within the order itself rather than arguments introduced later in litigation pleadings.
Result: Petition allowed; impugned orders quashed and set aside with a direction to the authority to consider the application afresh in accordance with law.
For the Appellants/Petitioners: Yatin Oza, Vicky B. Mehta
For the Respondents: Jayneel Parikh
| Table of Content |
|---|
| 1. historical context of land allotment and administrative refusal to allow change of use. (Para 3 , 4 , 5) |
| 2. applicability of government policies/resolutions for industrial land use conversion. (Para 6 , 7 , 8) |
| 3. administrative orders must be reasoned and respect current government policy governing intra-industrial land use change. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. remuneration of administrative action through judicial review and mandate for fresh consideration. (Para 16 , 17) |
ORAL JUDGMENT
1. Heard Mr. Yatin Oza, the learned Senior Counsel assisted by
Mr. Vicky B. Mehta, the learned advocate appearing for the
petitioners and Mr. Jayneel Parikh, the learned AGP appearing for
the respondent – State.
2. Rule returnable forthwith. Mr. Jayneel Parikh, the learned
AGP waives service of rule for and on behalf of the respondent –
State.
3. By way of present petition, the petitioners herein have
invoked Article 226 of the Constitution of India being aggrieved
and dissatisfied by the impugned order dated 23.4.2024 passed by
the Collector, Morbi – respondent No.3 whereby the
proposal/demand of the petitioners for grant of the land
admeasuring 3389.63 sq.mtrs., out of land admeasuring 8346.15-
57 sq.mtrs., of Survey No.195/1 of village Mahendranagar, Tal. &
Dist. Morbi for the purpose of establishing petrol pump by
accepting 10% Jantri Value is rejected.
4. The aforesaid has given rise to filing of the present petition
wherein the petitioners have prayed for the following reliefs :-
“(a) The Hon’ble court may be pleased to issue the writ of
Mandamus or any appropriate writ, order or directions by
quashing and setting aside the order dated 23.04.2024 passed by
the Collector rejecting the proposal/demand of the petitioner for
conversion of land by accepting 10% of the Jantri rate and further
be pleased to quash and set aside the communication dated
06.04.2024 issued by Collector, Morbi whereby negative opinion
is send and further be pleased to quash and set aside the report
of the District land assessment committee and be please to
directing the respondent no. 2 herein to pass order sanctioning
for the purpose of change in type of industry petrol pump pertains
to the land admeasuring 8346.15-16 sq. mtrs. Out of the land
allotted for roofing tiles industry land admeasuring 3389.63 sq.
mtr. Your Lordships may also be pleased to direct the respondent
no. 3 to receive 10% amount of jantri price as per the resolution
passed by the State Government. As Annexure A and O.
(b) This Honourable court may be pleased to issue the writ of
Mandamus or any appropriate writ, order or direction in the nature
of Mandamus by directing the respondent no. 1 and 2 to pass an
order in favour of the petitioners for the purpose of change in user
for petrol and diesel selling purpose with regards land
admeasuring 3389.63 sq. mtrs. Out of total 8346.15- 16 sq. mtrs.
Of land of Survey No. 195/1 of Village Mahendranagar, Taluka
and District Morbi taking into consideration the proposal of the
Collector dated 22.02.2021 by accepting 10% of the jantri price of
the land in question; As Annexure-D.
(c) The Hon’ble court may be pleased to issue the writ of
Mandamus or any appropriate writ, order or direction in the nature
of Mandamus by holding that the assessment done by the District
land assessment committee determining the price of the land be
determined taking into consideration the Jantri price instead of
market value.
(d) The Hon’ble court may be pleased to issue the writ of
Mandamus or any appropriate writ, order or direction in the nature
of Mandamus by directing the respondent no. 1 and 2 to pass an
order in favour of the petitioners for the purpose of change in user
for petrol and diesel selling purpose with regards land
admeasuring 3389.63 sq. mtrs. Out of total 8346.15- 16 sq. mtrs.
Of land of Survey No. 195/1 of Village Mahendranagar, Taluka
and District Morbi taking into consideration the earlier order dated
07.04.2016 passed by the State
