MEVADA DIVYANGBHAI JAYANTIBHAI vs ADDITIONAL SECRETARY REVENUE DEPARTMENT (APPEALS), AHMEDABAD
- Court
- Gujarat High Court
C/SCA/4214/2022 JUDGMENT DATED: 26/10/2026
(GJHC240145112020)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4214 of 2022
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
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Approved for Reporting Yes No
✔
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MEVADA DIVYANGBHAI JAYANTIBHAI
Versus
ADDITIONAL SECRETARY REVENUE DEPARTMENT (APPEALS),
AHMEDABAD & ORS.
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Appearance:
MR MASOOM K SHAH(6516) for the Petitioner(s) No. 1
MS DEVANSHIBA RANA, AGP for the Respondent(s) No. 1,2,3,4
NOTICE SERVED for the Respondent(s) No. 5
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 26/10/2026
ORAL JUDGMENT
1. By filing present petition under Articles 226 and 227 of
the Constitution of India, the petitioner has challenged the
order dated 20.12.2019 passed by the respondent – Additional
Secretary Revenue Department (Appeals), Ahmedabad in
Revision Application No. MVV/HKP/SBR/39/2019. The said order
has confirmed the order passed by the Mamlatdar, Deputy
Collector and the Collector. The case set up is that the
proceedings for breach of the provisions of the Gujarat
Prevention of Fragmentation and Consolidation of Holdings Act,
1947 (hereinafter referred to as “Fragmentation Act” for short),
is without jurisdiction.
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2. Heard learned advocates appearing for the respective
parties.
3. When the matter is taken up for hearing, learned AGP has
tendered copy of Notification dated 14.07.2026 issued by the
Revenue Department, which is taken on record, whereby by
Gujarat Ordinance No. 2 of 2026, an amendment has been
made by amending statutory provisions of law in the provision
of the Gujarat Prevention of Fragmentation and Consolidation
of Holdings Act, 1947 (hereinafter referred to as
“Fragmentation Act” for short). He, therefore, submitted that in
view of the said amendment in Section 9 of the Fragmentation
Act, a transfer and/or partition of a land contrary to the
th
provision of the Fragmentation Act made on or after 29
st
January, 1948 but on or before 21 March, 2026 shall be
deemed to have been regularized without charging any
penalties or premium therefor and all pending proceedings
before any officer or authority in respect of the aforesaid
transfer or partition shall stand abated. He, therefore,
submitted that in such cases, there are only Government
authorities, who are contesting the matters and in some cases,
the original land owners are also before this Court, therefore
considering the facts of the case, the matters may be
remanded before the authority concerned so that appropriate
decision can be taken as to whether the present case would
fall under the said Notification or not.
4. Learned advocate, Mr. Masoom K Shah for the petitioner
referred to the documents produced on record including the
registered sale deed of the year 2005, and submitted that the
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st
transaction is prior to 31 March, 2026, therefore, the time
duration mentioned in the aforesaid amendment would
squarely applicable to the facts of the present case. He,
therefore, submitted that in view of the facts of the case, the
proceedings require to be declared as abated. He further
submitted that in fact, remanding the matter back to the
authority concerned to decide afresh would not serve the
purpose of said Notification published by the State
Government and in fact, it can be said to be against the object
of said Notification. He, therefore, submitted that considering
the object behind publication of such Notification, the present
petition may be allowed by declaring the proceedings initiated
by the authority under the said provision as abated.
5. Having heard learned advocates appearing for the parties
and having gone through the material and available on record
including the amendment, which has been placed on record by
learned AGP during the course of hearing, it emerges that by
the aforesaid Notification, amendment has been made in the
provision of the Fragmentation Act, whereby it is decided to
abate the proceedings initiated against the transaction which
has taken place in contravention of the provision of the
th
Fragmentation Act i.e. on or after 29 January, 1948 but on or
st
before 21 March, 2026.
6. At this stage, it is apposite to reproduce the Notification
dated 14.07.2026 whereby, sub-section (3) of Section 5 and
sub-section (3) of Section 9 have been inserted, which read as
under:
“Amendment of Section 5 of Bom. LXII of 1947.-
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In the principal Act, in section 5, after sub-section (3),
the following sub-section shall be added, namely: -
“(4) Notwithstanding anything contained in section 4
or foregoing sub-sections, the State Government may
from time to time, by notification in the Official
Gazette, declare a standard area for any class of land
in any local area.”.
Amendment of section 9 of Bom. LXII of 1947.-
In the principal Act, in section 9, after sub-section (3),
the following sub-section shall be added, namely: -
“(4) Notwithstanding anything contained in this Act, a
transfer or partition of a land contrary to the
provisions of this Act made on or after the 29th
January, 1948 but on or before 31st March, 2026 shall
be deemed to have been regularised without
charging any penalties or premium therefor and all
pending proceedings before any officer or authority
in respect of the aforesaid transfer or partition shall
abate.”.
7. Thus in view of the above, more particularly, from sub-
section (3) of Section 9, it emerges that a transfer or partition
of a land contrary to the provision of the Fragmentation Act
th st
made on or after 29 January, 1948 but on or before 31
March, 2026 shall be deemed to have been regularized without
charging any penalties or premium therefor and all pending
proceedings before any officer or authority in respect of the
aforesaid transfer or partition shall abate.
7.1 Considering the Notification, as referred to herein above,
the submission made by the learned AGP with regard to
remand the matter back to the Authority, does not weigh with
this Court.
8. In the circumstances, the present petition stands
allowed. In view of the amended provision under Section 9(4)
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of the Fragmentation Act dated 14.07.2026 in the
Fragmentation Act, the proceedings shall stand abated and the
impugned order dated 20.12.2019 is hereby quashed and set
aside.
(VAIBHAVI D. NANAVATI,J)
NEHA
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