Sale of agricultural land to non farmer
YATIN
(Querist) 05 February 2013
This query is : Resolved
Sir
This is about agricultural land in Gujarat. One farmer had sold his land to a person by registered sale deed and amount of sale was received by him. Later on it was found that the purchaser was not farmer. Accordingly competent govt. authority had declared this transfer as illegal and recommended that govt’s name should be entered as land holder in revenue records of this land, as breach of conditions of Gujarat Land revenue rules was done. The purchaser appealed to relevant appelete authorities viz. Dy. Collector, Collector, Revenue Tribulal etc. All authorities accepted ruling of lower officer and declared this transaction irregular.
In such scenario when Govt. enters as owner of land in record
1) Does the original seller has any title or right to again enter into agreement to sale with other party who is farmer or Govt. has authority to decide as to how land will be disposed?
2) Is there any provision in law where in original seller can demand land back from govt. by paying applicable charges, penalties etc.?
3) The original seller has approached us. If we execute agreement to sale with him (possession still is with original seller) can we acquire any rights in above land in future ?
ajay sethi
(Expert) 06 February 2013
dont purchase the property. competent authority has already passed an order recommending that govt name should be in revenue records . order affirmed by superior courts . so forget it
