NATWARIAL B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) [His Lordships after stating the facts of the case, further observed :] xxx xxx xxx

(2.) In view of the rival contentions advanced at the Bar, the question which falls for the consideration of the Court is, whether the occupant is primarily liable for unauthorised use of the land by himself or by his tenant or the person holding under or through him. Section 65 of the Bombay Land Revenue Code, 1879 provides that an occupant of land assessed or held for the purpose of agriculture, is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm buildings, construct wells or tanks, make any other improvements thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid, but, if any occupant wishes to use the land or any part thereof for any other purpose, he has to obtain necessary permission from the Collector. Section 66 of the Bombay Land Revenue Code makes provision for penalty for using land without permission of the Collector and it reads as under :

(3.) A special Full Bench of this Court in State of Gujarat v. Gordhandas Keshavji Gandhi, (1962) III GLR 269 has considered the question regarding binding nature of judicial precedents and observed as under :