Gujarat High Court, Ahmedabad
In response, the collector relied on a March 10, 2022 govt resolution (GR) to justify his decision. Because of the pending civil litigation, when the matter came before the HC, the collector stated that the NA permission was refused. You Can Also Check: Gold Rate in Ahmedabad | Silver Rate in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad | Ahmedabad AQI | Weather in Ahmedabad | Petrol Price in Ahmedabad | Diesel Price in Ahmedabad | CNG Price in Ahmedabad | LPG Price in Ahmedabad Stay updated with the latest Ahmedabad news.
The HC expressed displeasure over what it termed the “negligence and oblivious approach” of revenue officials in ignoring law settled by courts. Justice Niral Mehta took exception to the explanation and expressed displeasure over the “audacious manner” in which the collector sought to justify his action. “Significantly, in the entire affidavit filed by the collector, there is not even a whisper with regard to the settled proposition of law on the subject, nor is there any explanation as to whether the said legal position was ever considered by him while taking the decision in question. Though the HC termed the collector’s conduct prima facie contemptuous, it said that before proceeding further, it would be appropriate to invite the attention and intervention of the highest authority. The court directed additional chief secretary (ACS) of revenue department to examine the manner in which applications for NA permission are being dealt with by revenue authorities, “particularly in the light of the apparent negligence and oblivious approach noticed by this court”. Justice Mehta asked ACS to “intervene in the matter and place before it the measures proposed to ensure that the revenue authorities are duly sensitised and instructed that the provisions of law, as well as the law declared by this Court, occupy a higher pedestal and cannot be disregarded or overridden by executive instructions contained in govt resolutions”.
Ahmedabad: Gujarat High Court has directed the additional chief secretary (revenue department) to ensure that revenue officials follow settled law while deciding on granting non-agricultural (NA) permission for farmland. The observations came while hearing a matter concerning an application for NA permission before Jamnagar district collector, who rejected the application citing pendency of a civil suit concerning the land. Last month, the court had sought to know whether collector had given due weightage to the settled legal position governing grant of NA permission. Such conduct on part of the collector, Jamnagar, prima facie, appears to be contemptuous in nature,” the court observed. The HC further observed, “This court has come across several matters wherein the revenue authorities appear to be unduly influenced by executive instructions issued by way of govt resolutions, while completely overlooking the settled propositions of law declared by this court. Download the TOI App.