Gandhinagar, February 17 – The Gujarat Legislative Assembly passed a bill on Tuesday amending Sections 75 and 75(A) of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. The aim is to provide legal clarity in land transactions and curb illegal transfers of agricultural land.
The bill was introduced in the Assembly's budget session by Revenue Minister Sanjaysinh Mahida, who described the amendments as "significant and protective of the interests of the state's farmers."
Explaining the need for the amendments, Mahida said that under the existing law, if a person holds land without authorization or occupies it incorrectly, the District Collector can only initiate summary action to evict the land.
"However, there was no clear procedure for restoring illegally transferred land or taking government possession in such cases," he added.
The amendment provides that if a land transfer is found to be illegal, the Collector, either on their own or based on an application from a person with an interest in the land, will direct the seller to return the land to the original account holder within three months.
The buyer will be obliged to comply. If the land is not restored within the stipulated time, the transfer will be declared illegal, and the land will be taken over by the government and treated as government property.
Under Section 75(A), the amendment specifies that if agricultural land has been transferred to a non-farmer individual or institution, a penalty of three times the current market value of the land must be paid within one month.
The land must then be restored to the original farmer account holder. Mahida emphasized that these measures would ensure effective control over illegal land transactions and protect farmers' rights.
Mahida noted that the state currently has three separate land laws, including the Gujarat Tenancy and Agricultural Lands Act, 1948, and the Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958.
"Uniformity with other land laws in force across the state is essential for administrative efficiency and legal clarity," he said.
He added that uniform enforcement of the law would not only reduce legal disputes but also allow the government to utilize land restored from illegal transfers for public purposes such as schools, hospitals, and roads.
The amendments are expected to provide a clear and timely process for farmers to reclaim their land, deter illegal purchases, and establish consistency with other land laws in Gujarat.