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2014 (2) TMI 1339 - SC - Indian LawsValidity of Section 43 of Bombay Tenancy and Agricultural Lands Act, 1948 as applicable to the State of Gujarat - Gujarat Tenancy and Agricultural Lands Act, 1948 - rates of premium to be paid to the State Government for converting, transferring, and for changing the use of land from agricultural to non-agricultural purposes - minimum valuation of land as per the rates contained in the list called as “Jantri” prevalent since 20.12.2006. Held that:- The amount which is being charged is not a tax but a fee. It is a premium for granting the sanction. This is because under this welfare statute these lands have been permitted to be purchased by the tenants at a much lesser price - The tenant is supposed to cultivate the land personally. It is not to be used for non agricultural purpose. A benefit is acquired by the tenant under the scheme of the statute, and therefore, he must suffer the restrictions which are also imposed under the same statute. The idea in insisting upon the premium is also to make such transfers to nonagricultural purpose unattractive. The intention of the statute is reflected in Section 43, and if that is the intention of the Legislature there is no reason why the Courts should depart therefrom while interpreting the provision. Jantri rates - Held that:- The Jantri rate to be applied will be on the date of the sanction by the Collector, and not on the date of the application made by the party. Rule 25C of the Rules makes it clear that transfer of an agricultural land for non-agricultural purpose is not easy. It is only sub-clause (e) thereof under which such a transferor will have to make his case which is when a transfer is sought for a bonafide purpose. Even so, this does not absolve one from taking any prior sanction. It will only mean that if the application is bonafide, normally the transfer will be sanctioned, because as such there is no right to insist on a transfer for non-agricultural purpose. Period for considering the application, and granting the sanction - Held that:- Such application cannot be kept pending indefinitely, and therefore we would expect the Collector to decide such applications as far as possible within 90 days from the receipt of the application - In the event the application is not being decided within 90 days, we expect the Collector to record the reasons why the decision is getting belated. Appeal dismissed - decided against appellant.
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