Gujarat Passes Landmark Bill to Curb Illegal Farm Land Transfers, Protect Farmers

The Gujarat Legislative Assembly has passed an amendment to the Saurashtra Gharkhed Ordinance to curb illegal transfers of agricultural land. The new law empowers District Collectors to order the restoration of illegally sold land to the original farmer within three months. It also imposes a heavy penalty of three times the market value on non-farmers who purchase such land illegally. The government states the amendments will protect farmers, reduce legal disputes, and allow reclaimed land to be used for public projects.

Key Points: Gujarat Passes Bill to Curb Illegal Agricultural Land Transfers

  • Closes legal loophole on illegal transfers
  • Sets 3-month deadline for land restoration
  • Imposes 3x market value penalty on non-farmers
  • Aims for uniformity with state's other land laws
2 min read

Gujarat Assembly passes Saurashtra Garkhed Amendment Bill to curb illegal land transfers

Gujarat Assembly amends Saurashtra Gharkhed law to stop illegal land sales, penalize buyers, and restore property to original farmers.

"significant and protective of the interests of the state's farmers - Sanjaysinh Mahida"

Gandhinagar, Feb 17

The Gujarat Legislative Assembly on Tuesday passed a Bill amending Sections 75 and 75 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, aimed at providing legal clarity in land transactions and curbing 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 held land without authorisation or occupied it incorrectly, the District Collector could only initiate summary action to vacate 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 emphasised 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 utilise 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.

- IANS

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Reader Comments

P
Priya S
Good move for farmer protection. But the key is implementation. Will the local revenue officials act swiftly and without bias? The three-month timeline for restoration sounds good on paper. Hope it works on ground.
R
Rahul R
Finally! Bringing uniformity to land laws across the state is long overdue. It will reduce so much litigation and confusion. This should help genuine farmers in Saurashtra region a lot.
A
Andrew M
Interesting read. The penalty of three times the market value for transferring to non-farmers is quite steep. Should effectively stop speculative buying of agricultural land for non-agricultural purposes.
N
Neha E
My uncle in Rajkot had a similar issue where his land papers were forged. He fought in court for 7 years. If this law had been there, his struggle would have been much shorter. A welcome change.
V
Vikram M
While the intent is good, I have a respectful criticism. What about cases where the "original account holder" sold the land willingly but now claims it was illegal to get it back? The law must also protect bona fide buyers who did proper due diligence.
K
Kavya N
Using restored land for public purposes like schools and hospitals is a great idea. It turns a problem into

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