‘Government Resolution Does Not Override Law’: Gujarat High Court Pulls Up Jamnagar Collector in NA Permission Case
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Summarized by AI; it may make mistakes. Check important info
The Gujarat High Court has questioned the Jamnagar Collector's decision to deny non-agricultural (NA) permission for land on the ground that a civil court case concerning the property was pending, observing that a government resolution cannot override statutory provisions or settled legal principles.
Justice Niral Mehta sought clarity on the specific legal provision under which the NA permission was rejected.
Following an order passed on September 7, the Jamnagar Collector submitted an affidavit before the court on September 9, seeking to justify the decision by relying on a government resolution dated March 10, 2022.
Court Questions Reliance On Government Resolution
The High Court observed that a government resolution is an administrative instruction and cannot take precedence over statutory provisions or legal principles established through court rulings.
The court also noted that the Collector's affidavit did not address the settled legal position on the issue. It further observed that there was no clarification on whether the relevant legal position had been considered while taking the decision to reject the NA permission.
The High Court took serious note of the conduct and observed that, at first glance, it appeared to amount to contempt of court.
However, instead of proceeding immediately, the court decided to bring the matter to the attention of the top official of the Revenue Department.
Additional Chief Secretary Asked To Examine Process
The High Court directed the Additional Chief Secretary of the Revenue Department to intervene and examine how applications for non-agricultural permission are being dealt with by officials.
The court has also sought suggestions on measures that could ensure compliance with statutory provisions and court rulings, and prevent established legal positions from being disregarded on the basis of government resolutions.
The matter is scheduled to come up for further hearing on September 24.
