Unit 2 — Of the Grant, Use and Relinquishment of Unalienated Land (The Gujarat Land Revenue Code)

•       2.1  Section 60, 61, 62, 65, 65A, 65B, 66, 67, 69, 69A

 

 

2.1 Grant, Use, and Relinquishment

The “Plain English” Intro

The government (as the ultimate owner) allows you to use land under specific conditions. If you want to build a factory on a farm, you must ask permission. If you use land without asking, or use it for something else entirely, the government can fine you or take the land back.

Day-to-Day Analogy

Think of Renting a Commercial Space. The landlord (Government) gives you the keys. You are allowed to run a “Bookstore” (Agricultural use). If you suddenly turn it into a “Nightclub” (Industrial use) without the landlord’s consent, you’ve breached the contract. The landlord can then increase your rent (Assessment) or evict you (Eviction/Penalty).

The Legal Backbone (Key Sections)

Section	Concept	What it says in Simple Terms
60	Permission to Occupy	No person can take possession of unalienated land without written permission from the Mamlatdar or Collector.
61	Encroachment Penalty	If you occupy government land without permission, the Collector can evict you and levy a heavy fine (up to 5 times the revenue).
65	N.A. Permission	The process for an occupant of agricultural land to apply for use in Non-Agricultural purposes (Residential/Commercial).
65A/B	Specific N.A. Uses	Special procedures for converting land for Bona-fide Industrial Purpose or IT parks (faster “Deemed” permission).
66	Penalty for Unauthorized Use	If you start N.A. use without permission, you are liable for eviction and a fine.
68	Occupant’s Rights	An occupant’s right is conditional; it is subject to the payment of land revenue and the conditions of the grant.

The “Checklist” (Essentials of Section 65 – N.A. Application)

To convert land under Section 65, the Collector checks:

• Clear Title: Does the applicant actually own the land?
• Zoning: Does the local “Development Plan” allow this use?
• Opinion of Departments: No-Objection Certificates (NOCs) from Irrigation, Highway, and Pollution boards.
• Payment of Premium: The state charges a fee for changing the land’s “Potential Value.”

Comparison Table: Authorized vs. Unauthorized N.A. Use

Feature	Authorized N.A. (Sec. 65)	Unauthorized N.A. (Sec. 66)
Process	Prior application + NOCs.	Starting construction directly.
Fees	Standard N.A. Assessment.	Hefty Penalties (upto 100x revenue).
Legal Status	Regularized and safe.	Risk of “Demolition” and “Eviction.”

Landmark Case Laws

• State of Gujarat v. Jayantilal Maganlal Patel
  • The Conflict: An occupant used land for a purpose different from what was granted but argued he should only pay a small fine.
  • The Verdict: The Court emphasized that Section 66 is a deterrent. The power to evict is discretionary, but the government’s right to protect the “planned use” of land is supreme.

Visual Flowchart: The N.A. Conversion Path

1. Occupant submits Form under Sec 65 $\rightarrow$ 2. Collector verifies “Tenure” (New vs Old) $\rightarrow$ 3. 90-Day Clock starts (If no reply, it can be “Deemed” approved) $\rightarrow$ 4. Grant of Sanad (The official N.A. Certificate) $\rightarrow$ 5. Mutation entry in Village Form 6.

Exam “Golden Key”

“Deemed Permission is a shield, not a sword.”

Under Section 65, if the Collector doesn’t reply within 90 days, permission is “deemed” granted. However, use this carefully in exams—it only applies if the application was “complete and valid” in the first place!

Professor’s Tip: Pay close attention to Section 65B. It was added to support “Bona-fide Industrial Use.” In Gujarat’s industrial climate, this is a very high-probability question for a 5-mark short note!