### Non-consideration of compliant documents in industrial land use certification necessitates fresh adjudication by competent authority.

The petitioner sought a certificate for bona fide industrial use under Section 63AA of the Gujarat Tenancy and Agricultural Land Act, 1948.

Initially, the District Collector of Vadodara, via an order dated 14.09.2022, consigned the application 'to file' because the petitioner failed to comply with a checklist of requirements

The petitioner subsequently filed a fresh application on 19.01.2026, claiming to have satisfied all deficiencies, including payment of N.A. premium, stamp duty, and submission of layout plans

However, the Collector rejected this application on 25.03.2026, primarily on the grounds that the 2022 order was not challenged and certain documents were missing

The petitioner challenged this rejection in the High Court under Article 226 of the Constitution.

1. Whether the District Collector was justified in rejecting the application for a Section 63AA certificate on the grounds of non-challenge of a previous 'consigned to file' order and alleged non-production of documents

2. Whether the petitioner had substantially complied with the statutory and procedural requirements for industrial use permission

The court applied Section 63AA of the Gujarat Tenancy and Agricultural Land Act, 1948, which governs the sale of agricultural land for bona fide industrial purposes and the subsequent issuance of a certificate by the Collector

The court also exercised its writ jurisdiction under Article 226 of the Constitution of India to ensure adherence to the principles of natural justice and to correct orders passed without justifiable reasons

The court found that the 2022 order did not constitute a final rejection on merits but was merely 'consigned to file' for non-compliance with a checklist; therefore, the petitioner was not legally required to challenge it before moving a fresh application

Upon reviewing the record, the court noted that the petitioner had indeed fulfilled the requirements: they paid N.A. Premium on 13.12.2023, paid deficit stamp duty on 06.05.2025, obtained a layout plan, and produced registration certificates

The court observed that the Collector failed to consider these produced documents while passing the impugned 2026 order

Since the State’s counsel could not controvert the fact of document submission, the court determined the rejection was erroneous and lacked application of mind

The matter was remanded to the District Collector, Vadodara, with a direction to decide the petitioner’s Section 63AA application afresh, specifically taking into consideration the documents already produced by the petitioner

The Court ordered that this fresh decision be rendered in accordance with law within two months

The petition was partly allowed, and Rule was made absolute