IMPORTANT POINT
If an order is obtained by reason of commission of fraud, even the principles of natural justice are not required to be complied with for setting aside the same.

JUDGMENT

S.B. Sinha, J. —

Leave granted.

1. Whether suppression of a material fact would entail allowing of an application for condonation of 2205 days delay in filing a review application is the core question involved herein.

2. Appellants were owners of various tracts of lands situated in the town of Vadodara. 10,807 sq. meters of land in survey Nos. 345, 347/1 and 267 in Mazalapur were declared as surplus land under the provisions of the Urban Land Ceiling Act, 1976 (for short “the Act”) by the competent authority. An appeal preferred thereagainst was dismissed by an Order dated 4.1.1988 by the appellate authority, stating ;

“As discussed above, no contention of the appellant is acceptable and there is no reason to interfere with the impugned order passed by the Competent Authority and therefore the following order is passed.

The appeal of the appellant is dismissed. The impugned order dated 12/07/1984 passed by the competent authority is confirmed.

The injunction orders passed by this office is vacated.

The order be informed to the parties.”

3. All contentions raised by the appellants were considered therein. It was allowed to attain finality.

4. Notification under Section 10(3) of the Act was published in the Official Gazette on 4.5.1989. A notification was also issued under Section 10(5) thereof on 23.8.1989.

Allegedly, the directions contained therein were not complied by the appellant. Possession of the properties were said to have been taken over on 20.4.1992. Surplus lands are said to have been allotted to members of the weaker sections as envisaged under Section 23 of the Act. Another round of litigation was initiated by the appellant. Another appeal was said to have been filed before the appellate authority in terms of Section 33 of the Act in the year 1995. The said appeal was entertained. By a judgment and order dated 30.3.1995, 6224 sq. meters in Survey No. 267 only was declared as surplus land.

5. Respondent-State alleged that the Tribunal was not informed about the result of the earlier appeal and the said order dated 30.3.1995 was passed ex-parte. Even the allottees were not given any notice. A Writ Petition was preferred by one of the allottees before the High Court wherein a direction was issued to allot him an alternate land. The State also filed a writ petition thereagainst which was marked as SCA No. 100 of 1996. Appellant is said to have filed two civil suits in the years 1999 and 2001 in the Court of Civil Judge, Senior Division, Vadodara being Civil Suit No. 935 of 1999 and 190 of 2001 seeking injunction against the State from taking possession of the lands. The application for interim injunction was, however, dismissed. In the said interim order, allegedly a finding was recorded that the appellant had suppressed material facts and misled the Court.

6. However, in the year 1999, the Act was repealed. On the basis thereof purported statement was made by the Assistant Government Pleader in Special Civil Application No. 100 of 1996 withdrawing the said SCA No. 100 of 1996. The High Court in its Order dated 15.6.1999 recorded;

“Mr. Dave, Ld. Counsel for the petitioner states that in view of the Urban Land (Ceiling & Regulation) Repeal Act, 1999, the present petition does not survive. Consequently the same is disposed off accordingly. Rule discharged with no order as to costs. Ad-interim relief vacated.”

Thereafter notices were issued to the allottees for their eviction. Several correspondences passed between the appellant and the Authorities of the State. Allegedly the Order of the High Court dated 23.3.2000 was accepted by the State. A stand was taken that the said order of the High Court dated 15.6.1999 would not be challenged.

7. Appellant sold the land to one Dineshbai Chhotabhai Patel by a registered deed of sale dated 20.5.2000. The said vendee again sold half of the said land in favour of one Sanjay Kumar Manilal Patel on 25.1.2001. Permission was granted for construction of the buildings.

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