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Thereof, an amending deed to the original sale-deed came to be executed for giving effect to the change in the Block No. i.e. to reflect Block No.139 paiki 1 instead of Block No.139 and no other changes were made to the original sale-deed. Thereafter, the petitioner being public Trust, is involved in various activities for the public at large and for that purpose, it had purchased the land in question for small scale industries and also to set-up training centres for the purpose of training people for the industry so that they C/SCA/5928/2019 JUDGMENT DATED: 21/12/2021 can earn livelihood. Accordingly, the petitioner Trust applied before the learned Collector, Sabarkantha under the provision of Section 63AA of the Gujarat Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act') for granting certificate and the same came to be rejected by the District Collector vide its order dated 10.1.2013. It was observed by the learned Collector that since the petitioner Trust had purchased the agricultural land without prior sanction of the competent authority and, therefore, no permission is required to be given under Section 63 of the Tenancy and Agricultural Act, 1989.

4. Mr. Nishit Acharya, learned advocate for the petitioner has reiterated the aforesaid facts and has submitted that the authorities have overlooked the clauses of the sale-deed wherein the seller and purchaser has agreed to undertake the agriculture work jointly. While referring to various documents placed on record, Shri Acharya has also submitted that the land in question is less than 10 hectares and, therefore, there was no need of asking any advice from the Industrial Committee. He has also submitted that the land being less than 10 hectares, sub-clause (b) of Section (1) of Section 63AA of the Act would not be applicable. He has also submitted that there was no need of any averment in the sale-deed for lease of the land for the C/SCA/5928/2019 JUDGMENT DATED: 21/12/2021 industrial purpose. He has also submitted that the petitioner Trust provided every documents and has shown its intention to initiate industrial activities for the purpose of public activities, the authorities concerned ought to have granted necessary permission under Section 63AA of the Tenancy Act. He has also submitted that the authorities concerned has misinterpreted the Section 63AA of the Tenancy Act and has wrongly applied the provisions of Section 63 of the Tenancy Act for rejecting the application of the Trust and for granting necessary Certificate/ permission. He has prayed to allow the present petition.

8. Considering the submissions made by both the sides, coupled with the material placed on record and aforesaid legal provisions, it appears that the land has been purchased by the Trust for the purpose of industrial activities. It also reveals from the sale-deed that the land in question is below 10 Hectares. Therefore, in view of the proviso contained in Section 63AA, there is no need to obtain previous permission of the Industrial Commissioner, C/SCA/5928/2019 JUDGMENT DATED: 21/12/2021 Gujarat State or such officer as the State Government may have authorised in this behalf. It is pertinent to note that the Government has introduced special provisions by way of Section 63AA for sale of land for bonafide industrial purpose. This provision carves out proviso in respect of non-applicability of Section 63 of the Bombay Land Revenue Code.

9. Now, admittedly in the present case, concerned authorities have considered the aspect of the applicability of Section 63 of the Tenancy Act. However, considering the fact that land in question is less than 10 Hectares, there is no need of any prior permission. The authority has not considered the aspect as to whether Section 63AA will be applicable or not. It also appears that the petitioner Trust has tried best to get necessary permission and has also supplied detailed project report regarding its intent in project. The provision C/SCA/5928/2019 JUDGMENT DATED: 21/12/2021 under Section 63AA clearly provides for the recovery of the premium or market price. Such permission could be granted in terms of Section 63AA of the Tenancy Act. However, this aspect has not been considered by the revenue authority. The entire exercise carried out by the revenue authority are without taken into consideration all these aspect and has committed error of facts and law.