Back
NIRZAR S. DESAI
BAKORBHAI BABABHAI PATEL – Appellant
Versus
REVENUE SECRETARY (APPEALS) – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final hearing today itself. Rule. Learned Assistant Government Pleader waives service of rule on behalf of respondent Nos. 1 and 2.
2. By way of the present petition, the petitioner has prayed for quashing and setting aside the order dated 29.9.2015 passed by the respondent No. 1-Secretary, Revenue Department (Appeals) in Revision Application No. MMV/CON/SBR/6/2012 as well as the order dated 31.12.2011 passed by the Deputy Collector, Bayad in Case No. CON/9/2011. By order dated 31.12.2011, the Deputy Collector, Bayad under the proceedings under Section 9(1), (2) and (3) of the Gujarat Prevention of Fragmentation of Land and Consolidation of Holdings Act (hereinafter referred to as ‘the Fragmentation Act’) for breach of the provisions of the Fragmentation Act passed an order directing the petitioner to restore the original position of land bearing Survey No. 1041, Block No. 1090 paiki admeasuring 8719 Sq. Mts. of land situated at village Ambaliyar, Taluka Bayad, District Sabarkantha (Arvalli) for alleged sale transaction of land in question in contrav
Actions under the Fragmentation Act initiated after an unreasonable delay of 8 years are invalid, and contiguous land purchases constitute consolidation.
The power to initiate proceedings under Section 9 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 is subject to the principles of natural justice and the requirement....
The court ruled that the limitation period for challenging an administrative order starts from the date of knowledge and not from the date of order; delay of 33 years without adequate justification c....
The court clarified that applications for correction of consolidation schemes must be filed within a reasonable time, typically three years, and that significant delays render such applications inval....
Point of Law : If there was any technical violation of the rules of natural justice, that was not a ground for interference, as such interference would result in resurrection of an illegal, nay, void....
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
The jurisdiction of the Collector to declare a gift deed void under the Act is contingent upon timely action, and undue delay may negate such authority.
Appellant cannot be condemned without providing him a full opportunity to put forth his case with supporting evidence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
