Gujarat HC Quashes Fragmentation Case Over 2004 Land Sale as New Law Regularises Contravening Transfers Through March 2026

The petitioner challenged the order dated 20 December 2019, by which the Additional Secretary, Revenue Department (Appeals), affirmed orders of the Mamlatdar, Deputy Collector and Collector in proceedings alleging breach of the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (“Fragmentation Act”).

The petitioner relied on a registered sale deed executed in 2004.

During the hearing, the State produced a notification dated 14 July 2026 introducing amendments to the Act that provided for regularisation of qualifying transfers or partitions and abatement of pending proceedings.

Section 9(4) of the Fragmentation Act, as inserted by the Gujarat Ordinance referred to in the notification dated 14 July 2026, 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 pending proceedings before any officer or authority concerning that transfer or partition abate.

The Court also reproduced Section 5(4), which empowers the State Government to declare a standard area for any class of land in any local area by Gazette notification.

The Court considered the 2004 sale deed and the newly inserted Section 9(4), whose prescribed period includes transactions made before 31 March 2026.

Since the challenged proceedings concerned an allegedly contravening transaction within that period, the Court held that the statutory consequence was abatement.

It rejected the State’s request for remand because the amendment itself provided for abatement of pending proceedings.