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1 - 10 of 10 (0.39 seconds)Jayaben W/O. Narayandas Nathumal ... vs District Collector And Ors. on 1 May, 2007
21. The reliance placed on the decision in case of Jayaben vs.
District Collector, Vadodara (supra), is misconceived since the
facts of the said case suggest that the purchaser of the land had
already obtained NA permission, but did not carry out any non-
agricultural use. In the instant case, indubitably, no NA permission is
applied nor it is granted after 1999, when the land was converted
from "new tenure" to "old tenure" for non agricultural use.
Mansuri Mohmmadhusain Malangbhai vs State Of Gujarat on 2 May, 2019
In support of the above submissions, learned
advocate Mr.Shah placed reliance on the decision of this Court in
the case of Noorbibi Malangbhai Mansuri vs State of Gujarat, 2005
(1) GLH (UJ) 5 and Prahaladbhai Kachrabhai Patel Vs. State of
Gujarat, 2018 JX (Guj) 140.
Pravinkumar Lalchand Shah vs State Of Gujarat And Anr. on 3 August, 1981
In the case of Pravinkumar Keshavji Tank (supra), the
Coordinate Bench has examined the issue of delay in payment of
premium. The ratio laid down by this Court will not apply to the facts
of the case.
Section 43 in The Bombay Tenancy and Agricultural Lands Act, 1948 [Entire Act]
The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
M/S Trinity Developers vs State Of Gujarat & 3 on 19 July, 2017
4.6 While placing reliance on the judgment of this Court in the
case of Pravinkumar vs. State of Gujarat, 2012 (5) G.L.R. 4211 and
judgment dated 14.12.2018 passed in Special Civil Application
No.15575 of 2015 (in the case of M/s. Trinity Developers vs. State of
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Gujarat), learned advocate Mr.Shah submitted that once the
premium is paid and collected by the State Government, it would
mean that any restriction of the Government would not remain and
hence, the petitioners are not required to pay the premium
prevalent at the time of purchasing the land since the same was
already paid in the year 1999 by Shabbir Ahmed Suleman.
Chhtrasang Dhulabhai & 9 vs State Of Gujarat & on 22 August, 2017
5.3 Learned Assistant Government Pleader Mr.Jayswal placed
reliance on the judgment dated 17.09.2013 passed in Special Civil
Application No.14416 of 2013 (in the case of Chhtrasang Dhulabhai
& Ors. vs. State of Gujarat & Anr.) in support of his submissions. It
was submitted that the aforesaid circular was considered by this
Court and accordingly, this Court has held that the same would
apply with retrospective effect as the restriction of Section 43 of the
Tenancy Act can be said to have been removed upon prior sanction
of the authority assailing the condition imposed by the order are not
removed. It was submitted that condition No.1 mandates the
procedure of the land to obtain non-agriculture permission under
Section 65 of the Code, which was admittedly not fulfilled and,
hence, the petitioners, who have purchased the land from his
predecessor-in-title, are required to pay the premium as per the
prevalent jantri rates.
Rekhaben Dhruvkumar Joshi & Anr vs State Of Gujarat & Anr on 4 December, 2017
Similarly, in case of Dhruvkumar Girishchandra
(supra), (judgment dated 29.042013 in Special Civil Application
No.158 of 2013), this Court was confronted with the issue with
regard to the demand of premium for two stages, one from new
tenure agriculture to old tenure agriculture, and two, from old
tenure agriculture to non-agriculture as per the prevailing rates.
Desai Pareshbai Vasantbhai & 19 vs State Of Gujarat & 2 on 13 October, 2014
23. At this stage, I may with profit refer and rely upon the
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judgement of Division Bench of this Court in the case of Jivrambhai
Vasatbhai Desai vs State of Gujarat, 2010 (3) G.L.R. 2094. I may
with profit extract the relevant observations of the Division Bench as
thus:
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