An order rejecting an application for a certificate under Section 63AA of the Gujarat Tenancy and Agricultural Land Act, 1948, is unsustainable if it ignores documents actually produced by the applicant, necessitating a remand for fresh consideration on merits.

ORAL JUDGMENT

1. Heard Mr. Het N. Shah, the learned advocate appearing for the petitioner and Mr. Jwalant Vora, the learned AGP appearing for the respondent – State.

2. Rule returnable forthwith. Mr. Jwalant Vora, the learned AGP waives service of rule for and on behalf of the respondent – State.

3. By way of present petition, the petitioner herein has invoked Article 226 of the Constitution of India challenging the impugned order dated 14.9.2022 passed in Order No.1617/19/02/004/2022 (Annexure-E) as well as order dated 25.3.2026 passed in Order No.1033/19/02/004/2026 (Annexure-S) passed by the District Collector, Vadodara, wherein by the impugned orders the petitioner’s application for grant of certificate under Section 63AA of the Gujarat Tenancy and Agricultural Land Act, 1948 (hereinafter referred to as ‘the Act’ for short) for bonafide industrial use is rejected without any justifiable reasons and contrary to the principles of natural justice. The petitioner’s application is rejected on erroneous ground that the order dated 14.9.2022, as referred to hereinabove, is not challenged and also requisite documents require for adjudication of such application such as the lay-out plan and company registration are not produced. The opinion of the Junior Town Planner, Vadodara is sought regarding the zone in which the land in question is included in the approved development map of VUDA.

4. Mr. Het N. Shah, the learned advocate appearing for the petitioner relies on the application dated 19.1.2026 filed under Section 63AA of the Act preferred before the competent authority which is duly produced on record at page-97 (Annexure-K). The said application is accompanied with the requisite documents pursuant to the aforesaid queries raised in the order dated 14.9.2022 passed by the Collector, Vadodara – respondent No.2 in Order No.1617/19/02/004/2022.

4.1 To substantiate the submission, reliance is placed on the requisite documents. It is submitted that the order dated 14.9.2022 is duly produced at page-83 wherein the petitioner’s application is consigned ‘to file’. The same having not been rejected, the petitioner never challenged the said order.

4.2 In light of the aforesaid, the petitioner herein be relegated to the Collector, Vadodara to decide and consider the petitioner’s application under Section 63AA of the Act afresh.

5. Mr. Jwalant Vora, the learned AGP submits that in absence of an Appeal challenging the order dated 14.9.2022 rejecting the application under Section 63AA of the Act, no interference is called for in the impugned order dated 25.3.2026 passed in Order No.1033/19/02/004/2026 (Annexure-S).

6. Having heard the learned advocates appearing for the respective parties and on perusal of the documents that are produced on record subsequent to the order dated 14.9.2022 which is on record at page-83 (Annexure-E) in Order No.1617/19/02/004/2022 passed by the Collector, Vadodara the petitioner’s application dated 26.4.2022 is consigned ‘to file’ the petitoner herein having failed to comply with the check-list provided under the said order as provided under Section 63AA of the Act.

6.1 It emerges from the record that the petitioner herein duly complied with the objections raised by the Collector i.e. respondent No.2 in the aforesaid order dated 14.9.2022 which read thus;

(a) The petitioner herein deposited N.A. Premium for industrial use on 13.12.2023 (page-85).

(b) The order dated 13.12.20