Sale of agricultural land
Querist :
Anonymous
(Querist) 01 December 2010
This query is : Resolved
In Gujarat, there is bar to sell agricultural land to out of state citizens.
Please advice.
Guest
(Expert) 01 December 2010
it's in contravention of the provisions of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949.
Chapter VII of the Ordinance provides for restrictions on transfers of agricultural lands. Section 54 of the Ordinance imposes bar on transfer of land to non-agriculturist.
The question is, whether the agriculturist of another state can be said to be an agriculturist within the meaning of the Ordinance and whether it would be lawful for such agriculturist to purchase agricultural land within the State of Gujarat. For this purpose, it would be expedient to refer to certain definitions in the Ordinance.
Section 2(c) of the Ordinance defines "agriculturist" to mean "a person who cultivates the land personally". Clause (f) thereof defines "to cultivate" to mean "to carry on any agricultural operation". Clause (g) thereof defines "to cultivate personally" to mean Sto cultivate on one's own account--
1. by one's own labour, or
2. by the labour of any member of one's family, or
3. by servants on wages payable in cash or kind, but not in crop-shares or by hired labour, under one's personal supervision or of any member of one's family;
Explanation I.- xxxxx xxxxx xxxxx
Explanation II.- xxxxx xxxxx xxxxx.
Clause (k) thereof defines "land" to mean "land" which is used for agricultural purposes and includes:
(a) xxxxx xxxxx xxxxx
(b) xxxxx xxxxx xxxxx
These definitions disclose that to be an 'agriculturist', a person has to cultivate the land personally i.e. he has to cultivate the land on his own account by his own labour, or by the labour of any member of his family, or by servants on wages payable in cash or kind or by hired labour under his personal supervision or under the supervision of any member of his family.
This necessarily means the land situated within the territories of the State of Saurashtra; the land-holder, the tenant and the dispute in relation to such land; efficient use of such land and the improvement of economic and social conditions of the peasants residing within the territories of the State of Saurashtra.
In my opinion, for being 'agriculturist' within the meaning of the Ordinance, a person is required to cultivate the land personally i.e. the land situated within the State of Saurashtra. Hence, in my view, only those persons can be said to be 'agriculturist', within the meaning of the Ordinance, who personally cultivate the land situated within the State of gujrat.
The person who did not own any land in the Saurashtra area of the State of Gujarat or within the State of Gujarat cannot be said to be 'agriculturist' within the meaning of the Ordinance. Transfer of the subject land in favour of the that person was, therefore, hit by Section 54 of the Ordinance.
thanks.
Khaleel Ahmed
(Expert) 01 December 2010
You can challenge before Supreme Court of India against the state government orders.
Querist :
Anonymous
(Querist) 02 December 2010
S.63 of Bombay Tenancy and Agricultural Lands Act prohibits and/or bars sales of agricultural land to non-agriculturists. The said provision does not bar or prohibit a sale of the land to a person residing outside the State of Maharashtra. If a person is an agriculturist from outside the State of Maharashtra and intends to purchase lands within the State of Maharashtra he should comply with the requirements of the provisions of S.63 of the Bombay Tenancy Act. What has got to be seen is as to whether the person, intending to purchase the land is an agriculturist or not and whether he establishes his status as an agriculturist, and if he is non-agriculturist, then such a sale would be invalid.
Above directions were passed by Bombay High Court in AIR 1981 Bombay 168
Is it applicable to gujarat government?
Querist :
Anonymous
(Querist) 26 August 2011
Dear Sir/s,
I have just came to know that Hon'ble Chief Justice of Gujarat High
Court has recently passed order that Agriculturist of other state is
Agriculturist here also.
Request you to kindly help to find the said judgment passed by Hon'ble CJ.
Thanks & Regards
