Case Note & Summary
The dispute arose from an appeal against an order by the District Deputy Registrar Cooperative Societies, which granted a unilateral conveyance deed to a cooperative housing society. The appellants, legal heirs of the landowner, contended that the agreement for sale had been terminated due to non-payment. They challenged the unilateral conveyance on the grounds of lack of jurisdiction and improper notice regarding the hearing date. The District Deputy Registrar had preponed the hearing without ensuring that all parties were notified, which the appellants argued prejudiced their case. The High Court refused to grant a stay on the grounds that the writ petition was filed too late and the conveyance had already been registered. The Supreme Court found that the appellants were not properly notified of the hearing, violating their right to be heard. The court concluded that the order was unjustified and set it aside, remitting the matter for fresh consideration by the District Deputy Registrar, directing that it be resolved within three months without influence from the previous order.
Headnote
A) Administrative Law - Right to Hearing - Violation of Audi Alteram Partem - Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, Section 5A - The court held that the order passed by the District Deputy Registrar was vitiated due to the violation of the principle of audi alteram partem as the appellants were not notified of the changed date of hearing, leading to their absence during the proceedings. The court set aside the order and remitted the matter for fresh disposal (Paras 19-20).
Issue of Consideration
Whether the order passed by the District Deputy Registrar was valid given the lack of notice to the appellants regarding the changed date of hearing.
Final Decision
The Supreme Court allowed the appeal, set aside the order dated 12.6.2012, and remitted the matter for fresh disposal by the District Deputy Registrar within three months.
Law Points
- audi alteram partem
- unilateral conveyance
- jurisdiction of competent authority
- Maharashtra Ownership Flats Act
- 1963
- service of notice
