Gujarat HC Rebukes Surat Collector for Arbitrary Land Conversion Rejection
The case came into the limelight when Justice Niral R Mehta of the Gujarat High Court, examined the grounds on which the NA application had been denied. Notably, the Surat Collector's reasoning raised eyebrows, as it appeared to be a clear lapse of judgment.
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Surat : The Gujarat High Court recently reprimanded Surat District Collector Ayush Oak for his arbitrary rejection of an application for the conversion of agricultural land into Non-Agriculture (NA) land. The petitioner, Dhiru Manji Isamaliya, had filed the application, but it was rejected by the Surat Collector, citing a lack of clarity regarding the acceptance of a prior Gujarat High Court order by the State Government.
The case came into the limelight when Justice Niral R Mehta of the Gujarat High Court, examined the grounds on which the NA application had been denied. Notably, the Surat Collector’s reasoning raised eyebrows, as it appeared to be a clear lapse of judgment.
Surat Collector Ayush Oak’s rejection of the NA application was primarily based on his uncertainty about whether the Gujarat High Court’s order, passed in LPA no. 248 of 2022, had been accepted by the State Government. Justice Mehta emphasized that the district collector could have easily clarified this matter, as it pertained to an internal issue within the State Government.
Justice Niral Mehta expressed his disapproval of the Surat Collector’s decision, deeming it a “sheer non-application of mind” and an abdication of statutory responsibility. He stressed that the rejection of an NA application on such flimsy grounds was unacceptable.
Consequently, Surat Collector Ayush Oak was summoned to appear in person before the Gujarat High Court to address this issue. In his response, Oak tendered an unconditional apology and assured the court that the impugned order would be withdrawn. He also committed to passing necessary orders afresh, ensuring they adhered to the law.
In his concluding remarks, Justice Niral Mehta reminded the district collector that public officials, regardless of their wide-ranging powers, are meant to serve the public’s convenience. He emphasized that arbitrary decisions in even minor matters were unwarranted and against the spirit of public service.
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