AI Overview...
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Sale and Conversion of New Tenure Agricultural Land in Gujarat - Main Points and Insights
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Under the Gujarat Tenancy and Agricultural Lands Act, 1948 (amended in 1960), the sale of restricted tenure land, especially for non-agricultural purposes, requires prior permission from the Collector. Conversion from new to old tenure or vice versa is subject to specific legal procedures, including payment of premium and adherence to revenue record entries MANSUKHBHAI CHHAGANBHAI SHINGALA vs STATE OF GUJARAT - Gujarat, Markhi Devshi Kandoriya VS State of Gujarat - Gujarat.
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The distinction between 'new' and 'old' tenure land is critical; 'new tenure' land often involves restrictions on sale and use, especially for non-agricultural purposes. Sale of new tenure land without proper permission can lead to orders for forfeiture and cancellation of sale, as well as legal challenges regarding revenue record entries POPATJI CHHOTAJI THAKOR VS STATE OF GUJARAT - Gujarat, Markhi Devshi Kandoriya VS State of Gujarat - Gujarat.
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Courts have emphasized the importance of proper classification and adherence to legal procedures for conversion and sale. In cases where land was converted into old tenure before sale, the sale is considered valid; otherwise, it may be subject to cancellation POPATJI CHHOTAJI THAKOR VS STATE OF GUJARAT - Gujarat, MCCAIN FOODS INDIA PVT LTD VS STATE OF GUJARAT - Gujarat.
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The Gujarat Revenue Department issued Government Resolutions to streamline procedures for conversion and regularization of land, but legal compliance remains essential. Unauthorized sale or transfer, especially of restricted tenure land, can be challenged and set aside by courts State Of Gujarat VS Kunjalbhai Lalitbhai Patel - Gujarat.
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Court judgments highlight that any transfer or sale of restricted tenure land for non-agricultural purposes without necessary permissions is invalid and can result in legal penalties, including forfeiture and recovery of possession by authorities MANSUKHBHAI CHHAGANBHAI SHINGALA vs STATE OF GUJARAT - Gujarat, MAN MANDIR CO. OP. HOUSING SOCIETY VS STATE OF GUJARAT - Gujarat.
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Analysis and Conclusion
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The sale of new tenure agricultural land in Gujarat is heavily regulated by the Gujarat Tenancy and Agricultural Lands Act, 1948, and related revenue laws. Proper legal procedures, including obtaining permission from the Collector and paying required premiums, are mandatory for valid transfer, especially for non-agricultural use.
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Unauthorized sale or conversion can lead to legal actions, including cancellation of sale, forfeiture, and recovery of land. Courts have consistently upheld the importance of compliance with legal procedures for land transactions involving restricted tenure land.
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For prospective buyers or sellers, it is crucial to verify the land's tenure status, ensure all permissions are obtained, and adhere to revenue record entries to avoid legal disputes and invalid transactions.
References:
- MANSUKHBHAI CHHAGANBHAI SHINGALA vs STATE OF GUJARAT - Gujarat
- State Of Gujarat VS Kunjalbhai Lalitbhai Patel - Gujarat
- Irfan Yakub Bholat VS State of Gujarat - Gujarat
- Gohil Jesangbhai Raysangbhai VS State of Gujarat - Supreme Court
- MCCAIN FOODS INDIA PVT LTD VS STATE OF GUJARAT - Gujarat
- Dahiben WD/o. Shanaji Babuji VS State of Gujarat - Gujarat
- Markhi Devshi Kandoriya VS State of Gujarat - Gujarat
- Gohil Jesangbhai Raysangbhai VS State of Gujarat - Gujarat
- POPATJI CHHOTAJI THAKOR VS STATE OF GUJARAT - Gujarat
- MAN MANDIR CO. OP. HOUSING SOCIETY VS STATE OF GUJARAT - Gujarat
Search Results for "Judgement on Sale of New Tenure Agriculture Land in Gujarat"
2025 Supreme(Online)(Guj) 7248 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J
Gujarat Tenancy and Agricultural Lands Act , 1960 for payment of premium and conversion of land for non-agriculture use on the grounds that the land is falling under the Admittedly, the land in question is restricted tenure land. ... revenue record to the effect that the premium is to be charged for non-agriculture use. ... Thereafter, the petitioner made an application for conversion of land for non-agriculture....
2024 0 Supreme(Guj) 1104 • India - Gujarat
ANIRUDDHA P. MAYEE, SUNITA AGARWAL
recorded as 'old tenure land' but later found to be 'new and restricted tenure land'. ... Regularization - Land Dispute - Gujarat Land Revenue Code, 1879 - Summary of the judgment: The court discussed ... tenure land'. ... During the pendency of the writ petition, a Government Resolution dated 17.03.2017 came to be issued by the Revenue Department, Government of Gujarat, in the m....
2020 0 Supreme(Guj) 454 • India - Gujarat
A.S.SUPEHIA
Gujarat Tenancy and Agricultural Lands Act, 1948 - section 43 - Gujarat Land Revenue Code, 1879 - Section ... permission relating to residential purpose Gujarat Land Revenue Code in respect of land bearing Survey Block of Village - Petition ... permission relating to the residential purpose under Section 65 of the Gujarat Land Revenue Code, 1879 (the Code) in respect of ... 4.3 Learned advocate Mr.Shah submitted that it is the case of the State of #....
2014 2 Supreme 66 • India - Supreme Court
S.S.NIJJAR, H.L.GOKHALE
, now known in the State of Gujarat as Gujarat Tenancy and Agricultural Lands Act, 1948. ... (a) Gujarat Tenancy and Agricultural Lands Act, 1948 – Section 43 – Amendment 1960 ... 204 – Cited with approval ... (b) Gujarat Tenancy ... the land of new tenure under new and impartible tenure and under the restricted tenure of Tenancy Act into old tenure for the agricultural or Non-agricultural purpo....
2015 0 Supreme(Guj) 1038 • India - Gujarat
C.L.SONI
one order in its favour made by Collector on 18.4.2009 for conversion of land from new tenure to old tenure, it was incumbent upon ... Gujarat Tenancy and Agricultural Lands Act, 1948 – Section 63-AA – Title dispute – Only in respect of land purchased by petitioner ... , sale entered between predecessor in title of petitioner and original owner is held to be in breach of provisions of Fragmentation ... After the purchase, the petitioner applied to the Collector for co....
2011 0 Supreme(Guj) 380 • India - Gujarat
M.D.SHAH
new tenure land. ... If this land has been “old tenure land” used only for the purpose of agriculture, the petitioners could have produced relevant evidence ... 20 — Entry as new tenure land — Claim to be designated as old tenure land — Petition for — Not sustainable for supression of material ... If this land has been “old tenure lan....
2017 0 Supreme(Guj) 517 • India - Gujarat
K.M.THAKER
and restricted tenure land could not have been sold without permission of Collector – Deputy Collector passed consequential order ... Land Dispute –Petitioners claim, his father purchased the said land in June 1968 by a registered sale deed ... setting aside sale and forfeiture of land – Feeling aggrieved by said order, petitioners father filed appeal before Collector – ... ... 11.4 Likewise, the findings and conclusions by the authority that the land#HL_EN....
2014 0 Supreme(Guj) 74 • India - Gujarat
S.S.NIJJAR, H.L.GOKHALE
The Gujarat (Amendment) Act No. ... Head Note : ... Gujarat Tenancy and Agricultural Lands Act, 1948 — Gujarat ... State of Gujarat, AIR 1970 Guj 204, the tenant is supposed to cultivate the land personally. ... the land of new tenure under new and impartible tenure and under the restricted tenure of Tenancy Act into old tenure for the agricultural or Non-agricultural purpose. ......
2023 0 Supreme(Guj) 622 • India - Gujarat
BHARGAV D. KARIA
Contempt of Court - Land Dispute - Bombay Tenancy and Agriculture Lands Act, 1948 - [CONTEMPT OF COURT] - [LAND DISPUTE] - [Bombay ... Issues: The issues involved the conversion of land tenure, validity of sale-deed entries in revenue records, and alleged contempt ... The court found that the land in question was converted into old tenure land before being sold to the respondent. ... Thereafter, the State of Gujarat#HL_EN....
2007 0 Supreme(Guj) 138 • India - Gujarat
K.A.PUJ
Bombay Land Revenue Code - Section 211 - Gujarat Co-operative Societies Act - Land Case - Petitioner has ... within 30 days from today, by way of premium, failing which the District Collector, is hereby directed to take possession of the land ... from old tenure to new tenure as stated in that petition. ... question into old tenure as well as non-agriculture use within a period of two weeks from the date of the decision. ... At the ....
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