The judgment discusses the importance of giving proper opportunity to affected parties and passing reasoned orders supported by record, emphasizing adherence to principles of natural justice (Sources: Md. Ashique Ahamed VS Union of India through Secretary, Ministry of Parliamentary Affairs - Jharkhand, Minjom Padu VS Arunachal Pradesh Information Commission - Gauhati).
Legal Principles and Insights:
The decision references multiple judgments to underline procedural fairness, the role of the Registrar, and the need for reasoned orders, aligning with principles laid down in cases like Namit Sharma v. UOI (2013 SCC 745) and others (Sources: Satya Pal Anand VS State of M. P. - Supreme Court, Ajay Bhatt VS State of Uttarakhand - Uttarakhand).
Specific Issues Addressed:
The judgment also touches upon land acquisition, valuation, and escalation of land prices at 15% per annum, citing relevant SCC cases such as 2008 (14) SCC 745 and AIR 2013 SC 3111 (Sources: KUNJELIYAMMA KURYAN D/O. P. T. THOMAS VS STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - Kerala, KUNJELIYAMMA KURYAN D/O. P. T. THOMAS VS STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM - Kerala).
Broader Legal Context:
The case reported in 2013 AIR CC 745 (AP) underscores the judiciary's commitment to procedural fairness, proper documentation, and reasoned decision-making. It highlights that legal disputes and administrative actions must adhere to principles of natural justice, avoiding arbitrary redactions or deletions without proper opportunity. The judgment also reinforces that hardships faced by a few cannot undermine the validity of legal proceedings or decisions, aligning with established case law on fairness and justice.
References: - Sri Mohammed Abdul Gafoor @ Ahmed and another, 2013 AIR CC 745 (AP) - 2013 (1) SCC 745 (Namit Sharma v. UOI) - Andhra Pradesh High Court decision on document redaction, Banganga Co-operative Housing Society Ltd. VS Vasanti Gajanan Nerurkar - Bombay - Land valuation cases, 2013 AIR SC 3111 - General principles of procedural fairness from multiple SCC and AIR judgments.
Sri Mohammed Abdul Gafoor @ Ahmed and another” reported in 2013 AIR CC 745 (AP). ... Sri Mohammed Abdul Gafoor @ Ahmed and another” reported in 2013 AIR CC 745 (AP).
1990 SC 1607 : 1990(2) PLJR (SC)23; (2013)1 SCC 745; (2010)4 SCC 50 : AIR 2010 SC 3244 : 2010(1) JLJR (SC)114—Relied. ... ... AIR 1983 Pat. 151 (FB)-Assented. ... Moreover, law is well settled the hardship of the few cannot be the basis of validity of any dispute (2013) 1 SCC 745. ... 22. The Hon’ble Supreme Court in Union of India vs. ... State of Bihar & Others, AIR 1983 PAT 151. ... State of Bihar & Others, AIR 1983 Pat 151 FB, at paragraph 40, ....
Union of India, reported in (2013)1 SCC 745] : (2012 AIR SCW 5523). It would be incumbent upon the respondent No.1 to give proper opportunity of hearing to the affected party and also pass a reasoned order, duly supported by materials on record.
By referring the judgments reported in 2009 (9) SCC 648 : (AIR 2009 SC (Supp) 1680), 2013 (1) SCC 745 : (AIR 2013 SC (Civ) 36) and 2011 (8) SCC 737 : (AIR 1965 SC 1892), AIR p. 1896) ... 14. ... ORDER ... By means of this petition, the petitioner has challenged the Notification No.178/XXXVI(3)/2013/36 (2)/2006 dated 13th April, 2013, whereby His Excellency the Governor of the State of Uttarakhand, by exercising the powers as provid....
(2002) 5 SCC 685 – Relied upon ... (2013 ... ... (2013) 1 SCC 745: Namit Sharma v. UOI. ... 11. We have already taken note of the Scheme of the Act and the role and functioning of the office of the Registrar under the said Scheme. ... AIR 1967 SC 1494. This decision is followed subsequently in Mukri Gopalan v. Cheppilat Puthampurayil Aboobacker AIR 1995 SC 2272 and P.Sarathy v. State Bank of India AIR 2000 SC 2023. ... In this behalf, we would like to refer to judgment dated 3.9.#HL_S....
Jagtiani points out that the question of redacting a document as against returning it and ordering a deletion of parts of it was considered by a learned Single Judge of the Andhra Pradesh High Court in Mohammed Abdul Ahad v Mohammed Abdul Gafoor (2013 AIR CC 745 (AP).This decision, however, does not ... Jitendra Singh Rajendra Singh Kushwaha (2013 (6) Mh.L.J. 802) ordered the striking out of portions of an affidavit, invoking Order XVIII Rule 2 of the Code of Civil Procedure, 1908 in respect of material in the Evidence A....
Udal and others (AIR 2013 SC 3111), it is contended that the appellants are entitled to have the market value of the acquired lands fixed, by providing an appropriate escalation of the land value fixed by this court in L.A.A.No.331 of 2012 at the rate of 15% per annum cumulatively ... Rameshbhai Jivanbhai Patel and another {(2008) 14 SCC 745) and Haryana State Industrial Development Corporation Ltd. v.
Udal and others (AIR 2013 SC 3111), it is contended that the appellants are entitled to have the market value of the acquired lands fixed, by providing an appropriate escalation of the land value fixed by this court in L.A.A.No.331 of 2012 at the rate of 15% per annum cumulatively ... Rameshbhai Jivanbhai Patel and another {(2008) 14 SCC 745) and Haryana State Industrial Development Corporation Ltd. v.
Union of India (2013) 1 SCC 745 In Re Adoption of Payal AIR 2010 (1) Bom C.R. 434, Darshana Gupta v. None AIR 2015 Raj 105 and Rajendra Prasad v. ... Kulandaivelu AIR 1963 SC 185, Amarendra Man Singh Bhramarbar v. Sanatan Singh AIR 1933 PC 155, Bijoe Emmanuel v. State of Kerala AIR 1987 SC 748, Vareed Porinchukutty v. ... State of Bombay AIR 1954 SC 388 and The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri....
(1965) 2 SCR 221; AIR ... Narmada Bala Sasmal & Anr., AIR 1961 SC 1353, Mhadagonda Ramgonda Patil (supra) and B. Arvind Kumar v. Government of India & Ors., (2007) 5 SCC 745. ... Shama Rao & Ors., AIR 1956 SC 593, Mangru Mahto vs. Shri Tahkur Taraknathji, (1967) 3 SCR 125 and Mhadagonda Ramgonda Patil & Ors. vs. Shripal Balwant Rainade & Ors., AIR 1988 SC 1200. ... Musammat Hansraj Kunwar & ors., AIR 1934 PC 36. ... 6. ... Rajeswary [dead] through LRs., (2013) 9 SCC 1....
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