RAJENDER SINGH versus GOVT. OF N.C.T. OF DELHI & ORS.

RAJENDER SINGH versus GOVT. OF N.C.T. OF DELHI & ORS.

The final order passed by the Consolidation Officer was vitiated for want of opportunity and notice of hearing to the appellant and proforma respondents, and the matter requires fresh consideration in accordance with law and the limited jurisdiction under Section 43A of the 1948 Act for correction of clerical or arithmetical errors.

Parties
Appellant: Rajender Singh; Respondents: Govt. of N.C.T. of Delhi & Ors.
Jurisdiction
India
Judgment Date
16 February 2016
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court of Delhi, Judgment Dated 15.01.2013, LPA No. 39/2013
Outcome
Appeal partly allowed, matter remitted for fresh hearing.
Legal Topics
Consolidation Proceedings, Correction of Records, Jurisdiction Under Section 43 a, Allotment of Land, Possession
Land Consolidation Property Law Consolidation Proceedings Correction of Records Jurisdiction Under Section 43 a Allotment of Land Possession

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Parties

Rajender Singh

Appellant

Govt. of N.C.T. of Delhi & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court of Delhi, Judgment Dated 15.01.2013, LPA No. 39/2013

Legal Issues

  1. 1 Whether the final order passed by the Consolidation Officer was valid given lack of opportunity or notice of hearing to the appellant and proforma respondents.
  2. 2 Whether jurisdiction under Section 43A of the 1948 Act was properly exercised for alleged errors beyond clerical or arithmetical mistakes.
  3. 3 Effect of delay of 23 years in making the claim under Section 43A.

Ratio Decidendi

The final order passed by the Consolidation Officer was vitiated for want of opportunity and notice of hearing to the appellant and proforma respondents, and the matter requires fresh consideration in accordance with law and the limited jurisdiction under Section 43A of the 1948 Act for correction of clerical or arithmetical errors.

Court Disposition

Appeal partly allowed, matter remitted for fresh hearing.

Orders

  • Set aside impugned orders of the High Court and Consolidation Officer passed on or after 24.12.2004.
  • Remand the matter to the Consolidation Officer to rehear the parties and determine afresh within six months.