GOHIL JESANGBHAI RAYSANGBHAI Vs. STATE OF GUJARAT
LAWS(SC)-2014-2-52
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
February 25,2014
Gohil Jesangbhaii Raysangbhai And Ors
Appellant
VERSUS
State Of Gujarat And Anr
Respondents
Referred Judgements :-
UNION OF INDIA VS. MAHAJAN INDUSTRIES LTD. [REFERRED TO]STATE OF GUJARAT VS. PATIL RAGHAV NATHA [REFERRED TO]
PATEL AMBALAL GOKALBHAI VS. STATE OF GUJARAT [REFERRED TO]
NAGESH BISTO DESAI VS. KHANDO TIRMAL DESAI [REFERRED TO]
DELHI AIRTECH SERVICES PVT LTD VS. STATE OF U P [REFERRED TO]
K B NAGUR M D VS. UNION OF INDIA [REFERRED TO]
SHASHIKANT MOHANLAL DESAI VS. STATE OF GUJARAT [REFERRED TO]
Cited Judgements :-
DITUL MEHTA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-10-99] [REFERRED TO]CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY VS. PRESTIGE ESTATES PROJECT LTD. [LAWS(SC)-2019-7-125] [REFERRED TO]
DHIRUBHAI DHARAMSHIBHAI DEVIPUJAK VS. STATE OF GUJARAT [LAWS(GJH)-2022-12-798] [REFERRED TO]
SULTANBHAI SHARIFBHAI DADVANI VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-86] [REFERRED TO]
MANSUKH RANABHAI VADHERA VS. STATE OF GUJARAT [LAWS(GJH)-2018-12-155] [REFERRED TO]
DEVSHREE REALTY VS. SURAT URBAN DEVELOPMENT AUTHORITY [LAWS(GJH)-2021-12-1325] [REFERRED TO]
C RENUKA VS. KERALA STATE COUNCIL FOR SCIENCE [LAWS(KER)-2014-11-8] [REFERRED TO]
SEJUBEN WD/O RAICHAND BALUBHAI ODE VS. SANGITA SINGH OR HIS SUCCESSOR IN OFICE, SECRETARY (APPEALS) STATE OF GUJARAT [LAWS(GJH)-2016-7-273] [REFERRED TO]
KANTIBHAI OKHAJIBHAI BHATI VS. GOVERMENT OF GUJARAT [LAWS(GJH)-2018-7-399] [REFERRED TO]
STATE OF GUJARAT THROUGH SECRETARY VS. RATANBEN PRABHUBHAI PATEL THROUGH POA RAMESHBHAI CHHELSHANKER [LAWS(GJH)-2015-6-125] [REFERRED TO]
GUJARAT KHEDUT SAMAJ VS. STATE OF GUJARAT [LAWS(GJH)-2018-8-26] [REFERRED TO]
DHANRAJBHAI GOVINDRAM KELLA VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-90] [REFERRED TO]
UMEDSINH DHIRUBHA GOHIL VS. STATE OF GUJARAT [LAWS(GJH)-2018-12-73] [REFERRED TO]
BALUBEN WD/O SOMABHAI CHHOTABHAI SHRIMALI VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-551] [REFERRED TO]
JAM AALA AJABHAI AND ORS. VS. ESSAR POWER GUJARAT LIMITED AND ORS. [LAWS(GJH)-2015-10-137] [REFERRED TO]
CHANDBHAI GAFURBHAI NAGORI VS. STATE OF GUJARAT [LAWS(GJH)-2018-9-335] [REFERRED TO]
FIRST CARBON TECHOLOGIES PVT LTD VS. STATE OF GUJARAT [LAWS(GJH)-2021-2-29] [REFERRED TO]
SHASHIKANT LABHSHANKER DAVE VS. STATE OF GUJARAT [LAWS(GJH)-2022-4-373] [REFERRED TO]
STATE OF GUJARAT VS. NITINBHAI DAHYABHAI KHUNT [LAWS(GJH)-2022-7-970] [REFERRED TO]
HEIRS OF DECEASED SAMAT KHODA VS. STATE OF GUJARAT THRO ADDL SECRETARY(APPEALS) [LAWS(GJH)-2018-12-3] [REFERRED TO]
HUSSAINBHAI SATARBHAI MEMAN VS. STATE OF GUJARAT [LAWS(GJH)-2018-12-178] [REFERRED TO]
SHIR VENU CEMENT PIPE INDUSTRIES VS. THE COLLECTOR [LAWS(GJH)-2018-1-288] [REFERRED TO]
HEIRS OF DECEASED KARMANBHAI NANJIBHAI HARIJAN VS. ADDL.CHIEF SECRETARY[APPEALS] [LAWS(GJH)-2018-11-88] [REFERRED TO]
STATE OF GUJARAT AND ORS. VS. GUJARAT REVENUE TRIBUNAL AND ORS. [LAWS(GJH)-2015-3-107] [REFERRED TO]
JUDGEMENT
H. L. GOKHALE J. : - -
(1.)All these Civil Appeals raise the questions with respect to the validity of Section 43 of Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat, now known in the State of Gujarat as Gujarat Tenancy and Agricultural Lands Act, 1948 ("Tenancy Act" for short). This Section places certain restrictions on the transfer of land purchased or sold under the said Act. These appeals raise the questions also with respect to the validity of resolution dated 4.7.2008 passed by the Government of Gujarat to give effect to this Section, and which resolution fixes the rates of premium to be paid to the State Government for converting, transferring, and for changing the use of land from agricultural to non -agricultural purposes. Thirdly, these appeals seek to challenge the minimum valuation of land as per the rates contained in the list called as "Jantri" prevalent since 20.12.2006.
(2.)The Tenancy Act was passed way -back in the year 1948, as a beneficial legislation and as a part of agrarian reform. This Section has been amended twice thereafter, first in 1960 and then in 1977. The aforesaid challenge was first taken in the High Court of Gujarat by filing various Special Civil Applications (i.e. Writ Petitions) bearing Spl. C.A. No.12661 of 1994 and others which came to be dismissed. Thereafter the Letter Patent Appeals bearing Nos.1127 of 2008 and others were filed against the judgments rendered by Single Judges in these different Special Civil Applications. The judgment rendered by a Division Bench dated 3.5.2011 in a group of these Letter Patent Appeals and Special Civil Applications once again repelled the challenge. This common judgment has led to this group of 12 Civil Appeals. The issues raised in these Civil Appeals are by and large similar, though there are some additional points in some of these Civil Appeals depending upon the facts of each of those cases.
(3.)Mr. Huzefa Ahmadi and Mr. P.H. Parekh, both senior Counsel, and Mr. Bharat Patel, learned Counsel, have amongst others appeared for the appellants. Mr. Rohinton Nariman, senior Counsel and Ms. Hemantika Wahi have appeared for the State of Gujarat and its Officers to defend the impugned judgment.
(2.)The Tenancy Act was passed way -back in the year 1948, as a beneficial legislation and as a part of agrarian reform. This Section has been amended twice thereafter, first in 1960 and then in 1977. The aforesaid challenge was first taken in the High Court of Gujarat by filing various Special Civil Applications (i.e. Writ Petitions) bearing Spl. C.A. No.12661 of 1994 and others which came to be dismissed. Thereafter the Letter Patent Appeals bearing Nos.1127 of 2008 and others were filed against the judgments rendered by Single Judges in these different Special Civil Applications. The judgment rendered by a Division Bench dated 3.5.2011 in a group of these Letter Patent Appeals and Special Civil Applications once again repelled the challenge. This common judgment has led to this group of 12 Civil Appeals. The issues raised in these Civil Appeals are by and large similar, though there are some additional points in some of these Civil Appeals depending upon the facts of each of those cases.
(3.)Mr. Huzefa Ahmadi and Mr. P.H. Parekh, both senior Counsel, and Mr. Bharat Patel, learned Counsel, have amongst others appeared for the appellants. Mr. Rohinton Nariman, senior Counsel and Ms. Hemantika Wahi have appeared for the State of Gujarat and its Officers to defend the impugned judgment.
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