AIR 2014 SUPREME COURT 1792 ::2014 AIR SCW 1425 ::(2014) 1 WLC(SC)CVL 389 ::2014 (1) Scale 550 ::AIR 2014 SC (Civil) 1077 ::(2014) 3 AllMR 446 (SC) ::2014 (3) AllMR 446 ::2014 (104) ALR SOC 14 (SC) ::2014 (1) KLT SN 41 (KER) ::(2014) 3 KCCR 248.1 ::2014 (3) SCC 502 ::(2014) 136 AllIndCas 16 (SC) ::2014 (136) AllIndCas 16 SOC

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): H. L. Gokhale, J. Chelameshwar , JJ

(A) Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Areas) Act (1958) , S.89, S.89A— Agricultural land sold for industrial purpose - Failure of purchaser to start industrial activity within 5 years - Power to resume land lies with Collector - Cannot be exercised by State Govt. which is appellate authority - Direction given by Govt. to Collector to permit sale of land by purchase to other party - Contrary to mode specified by Act - Direction given cannot be justified on basis of S. 126 - Rule 45(b) also cannot be pressed into service as neither under section 89 nor under section 89A, a sale inter se parties is contemplated or permitted. Bombay Tenancy and Agricultural Lands Rules (1959) , R.45— (Para 58 59 60) (B) Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Areas) Act (1958) , S.89, S.89A— Transfer of Property Act (4 of 1882) , S.7, S.10— Agricultural land - Restriction on sale - Placed by Tenancy Act with object to preserve agricultural land - Sale permitted under Tenancy Act for industrial purpose is hedged by conditions - So is its purchaser - He cannot claim right to sell by recourse to Ss. 7 and 10 of T. P. Act - Tenancy Act being special Act its provisions would prevail over T. P. Act. ....