SAHARBHAI MOTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are before this Court being aggrieved by the judgement and order passed by the learned Member, Gujarat Revenue Tribunal, Ahmedabad in Revision Application No.TEN/ BA/ 132/89 & BA/133/89 dated 17th July 2006, whereby the learned Member of the Tribunal was pleased to cancel order No.Ganot/ Ve/ 603 and Ganot/ Ve/ Vashi 551 dated 01.06.1982. The main plank on which the Tribunal relied upon and quashed the aforesaid two orders is that the order dated 01.06.1982 was granted in favour of 'X' (grand father of the present petitioner); the said person did not get the sale deed executed in his favour. Not only that even his son did not get the sale deed executed in his favour and it is only the present petitioners have got the sale deed executed on 19.11.2003. The view taken by the Tribunal is that the permission granted on 01.06.1982 in favour of one particular person cannot be the basis for a sale deed, got executed by the present petitioners.

(2.) Mr.Satyam Chhaya, learned Assistant Government Pleader submitted that it be clarified that permission dated 01.06.1982 was only for transfer of agricultural land for agricultural purpose and premium was paid only for that limited purpose. He submitted that it may not be construed even remotely that the parties are permitted to put the land for non agricultural use. He submitted that any use of the land in question for non agricultural purpose will be subject to fresh permission from the Government on payment of premium in accordance with law.