AHMEDABAD
The court has also quashed and set aside an order of the Gujarat Revenue Tribunal, which ruled in favour of a company having purchased agricultural land without any permission from the collector
The Gujarat High Court has ruled that a company, which is not an ‘agriculturist’, could not have purchased an agricultural land without prior permission of the collector. The court has also quashed and set aside an order of the Gujarat Revenue Tribunal, which ruled in favour of a company having purchased agricultural land without any permission from the collector.
The state government had earlier approached the court against the tribunal’s order citing that the tribunal had made “misdirected observations” while ruling in favour of the company and ignored the circulars issued by the government. The state had also contended that there is no provision under Section 63A of the Bombay Tenancy and Agricultural Lands Act, 1968, for the purchase and acquisition of the agricultural land by the company as non-agriculturist. It was also contended that a company cannot be said to be a cultivator or agriculturist.
Counsel for the private company—Shivganaga Farms Private Limited-- contended that there was a 1983 resolution of the government which allowed corporate bodies to purchase agricultural land and thereafter, the policy had been changed.
Following the arguments, the court ruled that the tribunal has conveniently overlooked the provisions of law, the judgment of a division bench of the high court, and has also tried to go beyond the pronouncement of the high court in an unsustainable way of reasoning and interpretation.
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