Case Note & Summary
The petitioner, Rolland Stanislaus Britto, filed a writ petition challenging an order dated 21 June 2021 passed by the Minister-Revenue, Maharashtra, which allowed a revision filed by Respondent No.6 and set aside an order dated 21 August 2020 of the Additional Commissioner, Kokan Division. The Minister directed area corrections in respect of CTS No. 22D and CTS Nos. 25A, 25B, 25C, 25D by adding an area of 130.3 sq. mtrs. based on a report of the City Survey Office, Borivali dated 19 November 2018. The petitioner also challenged subsequent orders dated 28 July 2022 passed by the Collector, Mumbai, and a survey/measurement notice dated 28 July 2022 and survey dated 19 September 2022. The petitioner claimed ownership of plots bearing CTS Nos. 24, 25A, and 25C through inheritance and gifts. The dispute arose from conflicting area measurements: a City Survey Officer's report dated 8 October 2010 recommended increasing the area of the petitioner's plot CTS No. 25A by 176.2 sq. mtrs., while a later report dated 19 November 2018 recommended a different correction. The Additional Commissioner had set aside the 2018 report and directed implementation of the 2010 report, but the Minister reversed that decision. The petitioner argued that the Minister violated principles of natural justice by not allowing cross-examination of the surveyor who prepared the 2018 report and by not considering the 2010 report. The court found that the Minister's order was unsustainable as it failed to provide a fair hearing and did not adequately consider the petitioner's objections. The court quashed the Minister's order and remanded the matter for fresh consideration, directing the Minister to decide the revision afresh after hearing all parties and providing an opportunity for cross-examination. The court also set aside the consequential orders of the Collector and the survey notice.
Headnote
A) Administrative Law - Natural Justice - Right to Cross-Examination - Quasi-Judicial Authority - The Minister-Revenue, while exercising revisional powers under the Maharashtra Land Revenue Code, 1966, acted in violation of principles of natural justice by not providing the petitioner an opportunity to cross-examine the City Survey Officer whose 2018 report formed the basis of the order. Held that quasi-judicial authorities must afford a fair hearing including cross-examination when credibility of evidence is in question (Paras 14-20). B) Land Revenue - Area Correction - City Survey Records - Conflicting Reports - The dispute involved correction of area in CTS Nos. 22D, 25A, 25B, 25C, 25D based on two conflicting reports: one from 2010 and another from 2018. The Minister-Revenue erroneously relied solely on the 2018 report without considering the earlier report or the petitioner's objections. Held that the revisional authority must consider all relevant material and give reasons for preferring one report over another (Paras 21-25). C) Land Revenue - Revision - Scope of Powers - Section 257 of Maharashtra Land Revenue Code, 1966 - The Minister-Revenue's revisional order was set aside as it was passed without proper application of mind and without addressing the petitioner's grievance regarding the 2010 report. The court directed the Minister to decide the revision afresh after hearing all parties and providing an opportunity for cross-examination (Paras 26-31).
Issue of Consideration
Whether the Minister-Revenue acted within jurisdiction in allowing revision and directing area corrections based on a 2018 report without considering the earlier 2010 report and without affording the petitioner an opportunity to cross-examine the surveyor.
Final Decision
The court allowed the petition, quashed the Minister's order dated 21 June 2021, and remanded the matter to the Minister for fresh consideration. The court directed the Minister to decide the revision afresh after hearing all parties and providing an opportunity to the petitioner to cross-examine the surveyor. Consequential orders of the Collector and the survey notice were also set aside.
Law Points
- Natural justice
- right to cross-examination
- quasi-judicial authority
- revision powers
- area correction
- city survey records
- Maharashtra Land Revenue Code
- 1966
