Gujarat High Court ruling on revenueable land, establishing ownership rights

- People-oriented guidance: H.S. Patel IAS (Retd.)

- All lands are eligible for revenue except those exempted from land revenue.

As per Section 3 of the Land Revenue Act, All Lands liable for land Revenue unless exempted means that all lands are eligible for revenue. Unless exempted. The basic principle of land revenue administration is to determine the land revenue and collect (Assessment of Land Revenue), then village samples have been prepared as per the Revenue Account Manual to collect this revenue. In which the important pattern is known as -2 and it shows the name of the occupant - area - shape etc. The changes made in the title deed as part of keeping the revenue records up to date are called Form No. 3 which is prevalent in the masses. As stated, the land revenue is determined by assessing each land keeping in view the basic principle that all land is eligible for revenue. But under the land revenue rules, there is a provision to exempt the collector from land revenue subject to government rules. E.g. For educational purposes or charitable institutions or institutions for public purposes, but for this a formal revenue waiver order has to be made by the Collector.

In such a case, the SCA of the Gujarat High Court dated 6-9-2018. No. - 1908/2009 The judgment given by Justice Ravi Tripathi is important and the judgment of this case while we were in Surat province and the judgment given is valid and the details of this case are described to be useful for the information of the general public. First of all, the basic elements in the Land Revenue Act which are eligible for every land revenue are as important as the Cardinal Principle. But it is important to refer to the revenue exemption provision and when the purpose is changed and the land that has been exempted. The land in this case belonged to Moje-Magob, Block No. 18 of Ta. Choryasi and in 19 this land was owned by the ancestors of Rajputs. In this land which was used for grazing of cattle of the village at that time, the land was exempted from revenue by submitting it to the Collector in 180, but the right of ownership was exercised as the occupier of the land. This land is situated on Surat-Kadodra Highway and this land is included in the Surat Urban Development Authority at a stage in the residential zone. There is no need to change it later as these provisions were misinterpreted and misused. This land is in residential zone which is outside the area municipality at that time. Before non-cultivation of this land is allowed by District Panchayat Surat, this land should be occupied by Deputy Collector Choryasi province and it should be in residential zone of Sudan. As exempted, this land is not being used for the purpose of Gauchar, Collector Surat has ordered to recover the size of this land. Earlier in 190, some of the land in this survey number was acquired for the public purpose of the government, the compensation was paid to the original owners of this land. Thus the land was originally government land and was not intended for Gaucher's purpose. As this private land is being used only for the purpose of grazing, the exemption has been revoked and the land has been made eligible for revenue, but in this case, when contradictory matters were presented, the order of 14th District Panchayat Surat giving non-agricultural permission was revoked and revoked by the Secretary Appellate Revenue Department.

The points raised by Jaswant Singh Parmar and others in the Gujarat High Court challenging the order of the Secretary of Appeal are in accordance with the above facts and as per the conclusion of Justice Ravi Tripathi, when The order of the district panchayat was restored i.e. there was no irregularity in the order determining the non-agricultural shape of the privately owned land. This matter should be clarified as it is important for all the persons / institutions / government / especially the revenue department officials involved with the land / property that when the government or Gauchar land is allotted for certain purposes, the land can be taken over by the government under violation. Is. When the land is owned and exempted from land revenue, the land can be used as per the rules by declaring it liable for land revenue and it is necessary to get the building permission from the concerned authority. Thus the judgment of the aforesaid High Court is a judgment upholding the provisions of the Land Revenue Act.