BHARATKUMAR SHANKARLAL SOMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, a resident of Vadodara, has prayed for the following reliefs:

(2.) The writ applicant purchased a parcel of agricultural land bearing survey No.205, Final Plot No.36 of T.P. Scheme No.37 at village: Tandalja, Taluka: Vadodara, District: Vadodara, by a registered sale deed dated 27th December 2006. The land in question admeasured 4431 sq. mtrs. Consequent upon the said registered sale deed referred to above, a mutation entry No.3442 came to be effected in the record of rights. The writ applicant, as on date, is the lawful owner of the property in question. He wants to sale this land. Since this area where the land is situated under the provisions of the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Evacuation from Premises in Disturbed Area Act, 1991. The writ applicant is obliged in law to seek necessary permission from the authorities concerned. To put it in other words, the area where the land is situated has been notified as a protected area under the Act, 1991. Indisputably, the writ applicant has applied with the Deputy Collector, Vadodara city in this regard by filing an application dated 3rd September 2016.

(3.) Section 4(1) of the Act, 1991 reads as under: