Case Note & Summary
The petitioners, legal heirs of Vithoba Dhaktode, challenged the order dated 12.05.2015 passed by the Collector, Jalna, confirming the order dated 13.03.1991 of the Assistant Collector for resumption of land allotted to them under the Grow More Food Scheme. They also challenged subsequent allotment orders in favour of respondent No. 7. The land in question was originally allotted to Vithoba Dhaktode for cultivation under the scheme aimed at bringing barren land under cultivation. The Assistant Collector passed the resumption order in 1991, but the Collector confirmed it only in 2015, after a delay of 24 years. The petitioners contended that they were not heard before the resumption orders were passed and that the delay was fatal. The Court found that the impugned orders were passed in gross violation of principles of natural justice as no notice or opportunity of hearing was given to the petitioners. The Court also noted the inordinate delay in confirming the resumption order. Consequently, the Court allowed the writ petition, quashed the orders dated 13.03.1991, 12.05.2015, 17.11.2008, and 06.11.2009, and directed the respondents to restore possession of the land to the petitioners. The Court further directed that the petitioners be heard before any fresh proceedings for resumption are initiated.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to Hearing - Resumption of Land - The Collector confirmed the Assistant Collector's order of 1991 for resumption of land allotted under Grow More Food Scheme in 2015, without hearing the allottees. The Court held that the order was passed in gross violation of principles of natural justice as no notice or opportunity was given to the petitioners before resumption. (Paras 2-10) B) Administrative Law - Delay and Laches - Resumption of Land - The Assistant Collector passed the resumption order in 1991 but the Collector confirmed it only in 2015, after 24 years. The Court held that such inordinate delay vitiates the proceedings and the orders are liable to be set aside. (Paras 2-10) C) Land Law - Grow More Food Scheme - Allotment of Land - The land was allotted to Vithoba Dhaktode under the Grow More Food Scheme for cultivation. The Court held that the allottees had acquired rights over the land and could not be dispossessed without following due process of law. (Paras 3-10)
Issue of Consideration
Whether the orders of resumption of land passed after 24 years of allotment and without affording opportunity of hearing to the allottees are sustainable in law.
Final Decision
The writ petition is allowed. The orders dated 13.03.1991, 12.05.2015, 17.11.2008, and 06.11.2009 are quashed and set aside. The respondents are directed to restore possession of the land to the petitioners. The petitioners shall be heard before any fresh proceedings for resumption are initiated.
Law Points
- Principles of natural justice
- Resumption of land
- Delay and laches
- Grow More Food Scheme
- Allotment of land
- Right to hearing
