Gujarat HC Quashes Fragmentation Act Orders Against Buyers After Amendment Regularises Their 2023 Land Purchase

The petitioners challenged the SSRD’s order dated 20 February 2026 and the Collector’s order dated 24 September 2024, concerning mutation entry No. 4291 based on a registered sale deed executed in their favour on 31 March 2023. The authorities had proceeded on the ground that the transaction contravened the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (“Fragmentation Act”)

During the hearing, the State relied on the 14 July 2026 notification amending the Act to provide for regularisation of specified transfers and abatement of pending proceedings

Section 9(4) of the Fragmentation Act, inserted by the 14 July 2026 amendment, provides that a transfer or partition contrary to the Act, made on or after 29 January 1948 and on or before 31 March 2026, is deemed regularised without penalty or premium, and that all pending proceedings before any officer or authority concerning that transfer or partition abate

The Court also referred to the amendment to Section 5, but its decision turned on Section 9(4)

The sale deed was executed on 31 March 2023, within the period specified in Section 9(4).

The proceedings had been initiated on the basis of an alleged breach of the Fragmentation Act and remained pending in the form of the challenged orders. The Court therefore held that the transaction was covered by the statutory regularisation and that the related proceedings stood abated

and quashed and set aside the SSRD’s order dated 20 February 2026 and the Collector’s order dated 24 September 2024