Gujarat High Court
The state govt challenged the GRT order before the high court in 2006. After hearing the matter, Justice J C Doshi held that while vesting the land in govt, the revenue authorities had failed to comply with the mandatory requirement under Section 84C(2) of the Act. Ahmedabad: Thirty-five years after a farmer bequeathed agricultural land to a non-agriculturist, Gujarat High Court has directed the state authorities to hear the farmer’s descendants on whether the land should be restored to the family. Kapadia’s daughter filed an affidavit and stated that her father, who lives in the US, is old and infirm. He is willing to forgo his claim to be an agriculturist on the strength of his will, and has no objection to the parcel being restored to the farmer’s family. The provision requires authorities to provide an opportunity to the parties concerned to restore the land to its original position before taking further action. The court directed the mamlatdar concerned to issue a show-cause notice to the farmer’s legal heirs and hear them on the question of restoration of the land. The heirs have been asked to submit their response regarding their willingness along with a declaration regarding restoration within four weeks of receiving the notice. The high court further directed the mamlatdar to decide the issue within two months thereafter in accordance with law.