LAW FOR ALL

The Gujarat (earlier ‘Bombay’ prior to the amendment in its application in the State of Gujarat) Tenancy and Agricultural Lands (Vidarbha Region and Kutch Areas) Act, 1958 (Tenancy Act, 1958 for short). - Sale of agricultural land with permission under sec.89 of Tenancy Act to the company Indigold to start industry - but the company not started industry even after 5 years - that company sold the same directly to another company for higher price with out permission -Govt. sanctioned permission for second sale also against the provisions of Act- Challenging Pil filed - High court dismissed the Pil - Apex court held that as per Act - the property vest in the Government as the first company failed to set up industry - but failed to resume the land after determining compensation - Private sale to Alumina company - was directly order to be accepted by the Ministry itslef but not by collector independently - High court failed to look in to all these aspects - Apex court set aside the order of high court and also set aside the orders of Govt. and collector orders sanctioning permission for second sale - The Apex court in the circumstances of the case directed the amount paid by Alumina to Indigold be adjusted as compensation - further directed the Alumina to pay 3.5 crores to the Govt. with in 3 months, and direct the govt. to sanction permission after that only = Dipak Babaria & Anr. … Appellants Versus State of Gujarat & Ors. … Respondents = 2014 ( January - Vol - 1) Judis.nic.in/ S.C./ file name =41172