The inclusion of land in a sanctioned town planning scheme fundamentally alters its character, rendering prior restrictions on agricultural use imposed under the tenancy act inapplicable, and allowing for non-agricultural conversion upon payment of applicable premiums.

ORDER :

1. Rule returnable forthwith. Learned AGP Mr. Desai waives service of notice of rule for and on behalf of State-Respondent.

2. By this writ application under Article 226 of the Constitution of India, the writ applicants have called in question the legality and validity of the order dated 18.02.2019 passed by the respondent No.3-Deputy Collector (Land Reforms), Vadodara, whereby the application of the writ applicants, seeking N.A. Permission has been rejected, as well as the order dated 14.09.2020 passed by the respondent No.2- District Collector, Vadodara, whereby the application of the writ applicants, seeking to release the restrictions under Section 43 of the Gujarat Tenancy & Agricultural Lands Act, 1948 (for short ‘Act, 1948’), has been rejected.

3. Facts, in brief, giving rise to the filing of the present application, may be summarized as under;

3.1 The dispute pertains to non-grant of Non-agriculture (for short ‘N.A.’) use permission with regard to the land situated at Survey No.175, admeasuring Acres 01-34 Gunthas at Mouje Village: Vasna Saiyed, Taluka & District: Vadodara (for short ‘land in question’), which is forming part and parcel of Vasna Town Planning Scheme No.14, originally belonged to one Jadav Savji Hirabhai, and the same was running as restricted new tenure land in the revenue record.

3.2 On 23.12.1967, the original owner made an application to the District Collector, seeking permission to sell the land in question to Jashbhai Shankar, Virendra Jashbhai and Jitendra Jashbhai, and the District Collector, vide its order dated 03.09.1968, granted permission to sell the land in question to the writ applicants subject to certain terms and conditions.

3.3 Thereafter, the land in question was purchased by the writ applicants vide registered sale deed dated 07.10.1968, and an entry being Entry No.552 also came to be mutated in the revenue record with regard to the aforesaid sale transaction, and the writ applicants are occupying the land in question since then.

3.4 Thereafter, the State Government, vide Government Resolution dated 20.05.1980, held that the land for which permission under Section 43 of the Act, 1948, is once granted, the present land owners are not required to obtain permission afresh and as and when they want to convert the land into non-agriculture use, the same can be done upon payment of applicable premium.

3.5 Thereafter, the draft Town Planning Scheme No.14 was sanctioned on 21.05.1984 by the State Government in exercise of power conferred by sub-section (2) of Section 48 of the Gujarat Town Planning & Urban Land Development Act, 1976. Thereafter, final town planning scheme was sanctioned by the State Government vide Notification dated 28.06.1995, and the land in question is given Final Plot No.154 and the same is in the residential Zone R-I.

3.6 Thereafter, the writ applicants were desirous of converting their land in question for N.A. use, and therefore, they made an application dated 16.01.2019 before the respondent No.2-District Collector, Vadodara. However, the respondent No.3-Deputy Collector (Land Reforms), Vadodara, vide its order dated 18.02.2019, on the basis of the instructions of the District Collector, Vadodara, rejected the said application.

3.7 Thereafter, to avoid any controversy, the writ applicants, made an application dated 06.06.2019 showing their willingness to pay the premium as required for releasing the restrictions of Section 43 of the Act, 1948, howe