Did the Gujarat Assembly Just Pass the Saurashtra Garkhed Amendment Bill to Combat Illegal Land Transfers?
Synopsis
Key Takeaways
Gandhinagar, Feb 17 (NationPress) The Gujarat Legislative Assembly has recently approved a Bill to amend Sections 75 and 75(A) of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance of 1949. The primary objective of this amendment is to bring legal clarity to land transactions and to effectively curb illegal transfers of agricultural land.
This Bill was put forward during the Assembly's Budget session by Revenue Minister Sanjaysinh Mahida, who highlighted the amendments as crucial for safeguarding the interests of farmers across the state.
Mahida elaborated on the rationale behind these amendments, indicating that the current legislation only permits the District Collector to take summary action to vacate land held without proper authorization. However, it lacks a defined process for reclaiming illegally transferred land or for the government to assume possession in such scenarios.
The new amendment stipulates that if a land transfer is deemed illegal, the Collector, either independently or upon a request from an interested party, will instruct the seller to revert the land to its original owner within a three-month timeframe.
The buyer is mandated to comply with this directive. Should the land not be restored within the specified period, the transfer will be classified as illegal, leading to government seizure of the land, which will then be categorized as public property.
Furthermore, under Section 75(A), the amendment imposes a penalty of three times the current market value on any agricultural land transferred to individuals or entities that are not farmers, necessitating payment within one month.
Subsequently, the land must be returned to the original farmer. Mahida asserted that these provisions are designed to enhance oversight over illegal land transactions and to protect farmers’ rights.
Currently, Gujarat has three distinct land laws, including the Gujarat Tenancy and Agricultural Lands Act of 1948 and the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act of 1958.
According to Mahida, achieving uniformity across the various land laws in effect throughout the state is vital for administrative efficiency and legal clarity.
He further noted that consistent enforcement of these laws would not only minimize legal conflicts but also enable the government to utilize land reclaimed from illegal transfers for public benefits such as schools, hospitals, and roads.
These amendments are anticipated to provide a clear and prompt mechanism for farmers to regain their land, deter illegal acquisitions, and align with other land regulations present in Gujarat.