Gujarat Land Revenue Code Once Permission For Conversion Of Agricultural Land Is Granted, Change Of Industries Makes No Difference
Case: Lalitkumar Bhimsen Hemrajani V/S District Collector
Coram: Justice AP Thaker
Case No.: C/SCA/7896/2018
Court Observation: “Since, the land was already converted for NA purpose even for cottage industries, it does not make difference, if there is a change of some sort of industries. At the same time, as per the material placed on record in a similarly situated matters, the Collector has granted such permission in the past. However there is no material showing the facts as to under what the circumstances such permission was granted to such persons in those cases, by the concerned authority. But, the facts of granting such permissions in similarly situated persons is not denied by the State Authority.”
“Thus, when the NA permission was granted to use land for the purpose of cottage industries, the original character of the land being agriculture has already loose its character.”
“However, admittedly in this case earlier sanction was granted for transfer of land under section 73AA of the Code, was already granted. Therefore, now the Collector cannot set aside that order after conversion of the land from agriculture to non agricultural purpose.”
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Keywords
Gujarat Land Revenue Code
