Sunday, March 2, 2014
Saturday, March 1, 2014
SC: "Application for sanction to transfer lands of tenant u/s 43 of Tenancy Act cannot be kept pending indefinitely"
RECENTLY WHILE ADJUDICATING CIVIL APPEAL NO.4123 OF 2012, in respect of the provisions of Section: 43 of Gujarat Tenancy and Agricultural Lands Act, 1948, The Hon'ble Apex Court has ruled certain landmark observations as such that: " The principal part of Section 43 lays down that the land which is purchased by a tenant under the various Sections referred to in Section 43 shall not be transferred in any manner except as permitted in Section 43. The original Section 43 did not contain any such exception. The Gujarat (Amendment) Act No. XVI of 1960 introduced the words “on payment of such amount as the State Government may by general or special order determine” in Section 43.Thus, the section now permits such a transfer by the tenant after the appropriate amount as determined by the State Government by a general or special order is paid by way of consideration, and only after a previous sanction is obtained from the Collector for effecting the transfer. Thus, the State Government has to lay down by general or special order the payment which is required to be made for such a transfer. If the agriculturist is seeking such a transfer, he has to make the necessary payment, and the transfer will be permitted only after a prior sanction is obtained from the Collector.The transfer is however not by way of a right." The Hob'ble Supreme Court of India has further remarked and ordered that " Such application cannot be kept pending indefinitely, but the Collector to decide such applications as far as possible within 90 days from the receipt of the application, on the lines of the judgment of this Court in Patel Raghav Natha (supra). 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. "
Popular Posts on our Law Office Blogs
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the w...
While adjudicating **Pinakin Rawal v/s State of Gujarat CR.APPEAL NO.811/2004]****the Hon'ble Supreme Court has observed in its landmark...
Powered by www.kartikey.com ::::: A Law Office of India, pioneering the online concept of free legal aid and laws consultation through E-L...
Before passing Order of detention under PASA act, the detaining authority must come to a definite finding that there is threat to the “public order”While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Su...
Vidhya Sahayak for teachers, Lok Rakshak for police and Gram Mitra in rural administration are "Gujarat State Sponsored Financial Exploitation"A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed las...
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all ...
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Coun...
While exercising Criminal Appellant Jurisdiction in the matters of CRIMINAL APPEAL NO.305 OF 2013,moved by appellants Mr. Surender Kaushik a...
Recently yesterday, the Hon'ble Apex Court of India has reconfirmed the Rules and Laws about the Admissions of a party while adjudicatin...
Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468,...
Law Blog Archive
- October (1)
- September (6)
- August (7)
- July (8)
- June (4)
- May (7)
- April (8)
- March (9)
- February (9)
- January (6)
- December (9)
- November (4)
- October (3)
- September (5)
- August (11)
- July (2)
- June (1)
- February (2)