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Bombay tenancy act

(Querist) 14 March 2020 This query is : Resolved 
I read here that in 2012 the gujarat high court has passed a judgement allowing an agriculturist / farmer from any state in india to be able to buy agriculture land in gujarat. Can anyone please help me to get a copy of that judgement? regards
Raj Kumar Makkad (Expert) 14 March 2020
LPA 1106 of 2011 along-with many other LPAs was decided by Gujarat High Court. Search on the site of the Gujarat High Court with given case no.
Raj Kumar Makkad (Expert) 14 March 2020
State of Gujarat had amended the Act thereafter and has also issued the instructions to all revenue officials accordingly. 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.
alok jamdar (Querist) 15 March 2020
Many thanks to Raj Kumar ji.In continuation to the same, we hold a small agricuture land in gujarat since 30 years where we do farming and also pay MEHSOOL. We have been given a notice by mamlatdar after 18 years now that since we are farmers from punjab we need to surrender this land. They have mentioned a SRI SARKAR notice and therefroe we are unable to sell this land. how do we get this removed? please advise.
Raj Kumar Makkad (Expert) 15 March 2020
Mr. Alok! You need not to worry. Engage a competent local lawyer dealing land matters and file the reply to the said notice and thereafter follow the legal advice of your lawyer.
Rajendra K Goyal (Expert) 15 March 2020
Consult local lawyer and reply the notice.
T. Kalaiselvan, Advocate (Expert) 15 March 2020
Agricultural lands can't be purchased by a non-agriculturist. Earlier, only those residing in the State could invest in agricultural land in Gujarat but in 2012 the Gujarat High Court passed a judgement that allows any agriculturist in the country to purchase such land in the State.
In one of the land mark judgment the Gujarat High Court has quashed the circular of State of Gujarat published in 1973, that outside farmer cannot buy any agricultural land. The high court has define term "agriculturalist" in wide sense that any farmer of India is "agriculturalist" who is entitled to buy agricultural land in State of Gujarat.
You may refer to
Gujarat High Court
Bhajansingh Gopalsingh Sardar vs State Of Gujarat & 3 on 2 August, 2017
C/SCA/8265/2012 ORDER
SPECIAL CIVIL APPLICATION NO. 8265 of 2012
TO
SPECIAL CIVIL APPLICATION NO. 8271 of 2012
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 02/08/2017
Rajendra K Goyal (Expert) 16 March 2020
The landmark judgement of Gujrat High Court referred by the expert T Kalaselven would be of much help. May proceed accordingly.
T. Kalaiselvan, Advocate (Expert) 16 March 2020
Thank you Mr. Goyal for supporting my view.
alok jamdar (Querist) 16 March 2020
Thank u to all my learned friends for your expert comments. I went thru the details of the mentioned case and it surely states what you all have mentioned BUT it still mentions that it is subject to the decision from the Supreme court. Does this mean that the ruling of Gujarat high court does not stand?
T. Kalaiselvan, Advocate (Expert) 16 March 2020
The decision of Gujarat high court on the subject matter is very clear.
No doubt the decision made by the honorable court in para 36 may be slightly confusing which is given below:
36. Similarly, we also do not propose to enter into the question whether the Act in question is protected under the provisions of Articles 31A and 31B read with 9th Schedule of the Constitution of India and as such, we do not propose to deal with two decision of the Supreme Court, namely, in the case of Patel Ambalal Gokalbhai v. State of Gujarat and others, reported in [1982] 3 SCC 316 and in the case of I.R. Coelho [dead] by LRs. v. State of Tamil Nadu, reported in [2007] 2 SCC 1 at this stage.;

However in the subsequent paragraphs 37 and 39, it is clear that the court's decision is in favor of the agriculturist outside Gujarat can purchase agricultural land in Gujarat.
You may go through the entire judgment patiently to get a proper idea and answer for your query.


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