Section 122 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
122. Disposal of land, transfer, or acquisition of which is invalid.
(1)Where in respect of the transfer or acquisition of any land [made on or after the commencement of this Act] [These words were inserted by Bombay 4 of 1960, Section 17.] the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] suo motu or on the application of any person interested in such land has reason to believe that such transfer of acquisition is or becomes invalid under any of the provisions of this Act, the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] shall issue a notice in the prescribed form to the transferor, the transferee or the person acquiring such land, as the case may be, to show cause as to why the transfer or acquisition should not be declared to be invalid and shall hold an inquiry and decide whether the transfer or acquisition is or is not invalid.(2)If after holding such inquiry, the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] comes to a conclusion that the transfer or acquisition of land is invalid, he shall make an order declaring the transfer or acquisition to be invalid:Provided that, where the transfer of land was made by the landlord to the tenant in possession of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed three family holdings, the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] shall not declare such transfer to be invalid if-(i)the price of the land received by the landlord does not exceed the reasonable price thereof under Section 90 and the transferee pays to the State Government as penalty of one rupee within such period not exceeding three months as the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] may fix, or(ii)the price of the land received by the landlord exceeds the reasonable price thereof under Section 90 and the transferor a swell as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] may fix.(3)On the declaration made by the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] under sub-section (2),-(a)the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting, and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in Section 44 for the payment of encumbrances out of the purchase price of the sale of land, but the right of the holder of such encumbrances to proceed against the person liable for the enforcement of his right in any other manner shall not be affected;(b)the amount which was received by the transferor as the price of the land shall be deemed to have been forfeited to the State Government and it shall be recoverable as an arrear of land revenue; and(c)the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] shall, in accordance with the provisions of Section 90, determine the reasonable price of the land.(4)After determining the reasonable price, the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] shall dispose of the land by sale at a price equal to the reasonable price determined under sub-section (3) in the prescribed manner in the following order of priority:(i)the tenant in actual possession of the land;(ii)the persons or bodies in the order given in Section 84:Provided that, where the transfer of land was made by the landlord to the tenant in possession of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed three family holdings, then-(a)if the price of the land received by the transferor does not exceed the reasonable price, the amount forfeited under sub-section (3) shall be returned to the transferor and the land restored to the transferee on payment to the State Government of a penalty of one rupee; and(b)if the price of the land received by the transferor exceeds the reasonable price the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] shall grant the land to the transferee on payment of price equal to one-tenth of the reasonable price and out of the amount forfeited under sub-section (3) the transferor shall be paid back an amount equal to nine-tenth of the reasonable price.(5)The amount of the price realised under sub-section (4) shall, subject to the payment as aforesaid of any encumbrances subsisting on the land, be credited to the State Government:Provided that, where the acquisition of any excess land was on account of gift or bequest, the amount of the price realised under sub-section (4) in respect of such land shall, subject to the payment of any encumbrances subsisting thereon, be paid to the donee or legatee in whose possession the land had passed on account of such acquisition.
