Case Note & Summary
The petitioner, Kirit Mulji Shah, filed two Special Civil Applications under Article 226 of the Constitution of India challenging three orders passed by revenue authorities in Kachchh district: (1) order dated 15.04.2019 passed by the Secretary (Appeals), (2) order dated 26.03.2018 passed by the District Collector, Kachchh at Bhuj, and (3) order dated 10.02.2014 passed by the Deputy Collector at Mundra. The petitioner contended that these orders were passed without affording him an opportunity of hearing, in gross violation of principles of natural justice. The court heard Mr. N.V. Gandhi for the petitioner and Mr. Jayneel Parikh, learned AGP for the respondent State authorities. The court noted that the grievance in both petitions was selfsame and heard them analogously, with Special Civil Application No. 9986 of 2020 taken as the lead matter. The court observed that the impugned orders were passed without giving the petitioner a chance to present his case, which is a fundamental requirement of natural justice. Consequently, the court quashed and set aside the impugned orders and remanded the matters to the Deputy Collector, Mundra, for fresh consideration after providing the petitioner a reasonable opportunity of hearing. The court directed that the Deputy Collector shall decide the matter afresh in accordance with law, without being influenced by the earlier orders, and shall pass a reasoned order after hearing all concerned parties. The petitions were allowed accordingly.
Headnote
A) Land Revenue - Natural Justice - Right to be Heard - Gujarat Land Revenue Code, 1879 - Sections 65, 108 - The petitioner challenged three orders passed by revenue authorities in Kachchh district concerning land acquisition proceedings. The court found that the orders were passed without giving the petitioner an opportunity of hearing, violating principles of natural justice. Held that the impugned orders are quashed and set aside, and the matters are remanded to the Deputy Collector for fresh consideration after hearing the petitioner (Paras 1-9).
Issue of Consideration
Whether the impugned orders passed by the Deputy Collector, District Collector, and Secretary (Appeals) are illegal and liable to be quashed for being passed without affording the petitioner an opportunity of hearing and in violation of principles of natural justice.
Final Decision
The court allowed the petitions, quashed and set aside the impugned orders dated 15.04.2019, 26.03.2018, and 10.02.2014, and remanded the matters to the Deputy Collector, Mundra, for fresh consideration after affording the petitioner a reasonable opportunity of hearing. The Deputy Collector shall decide the matter afresh in accordance with law, without being influenced by the earlier orders, and pass a reasoned order after hearing all concerned parties.
Law Points
- Natural justice
- Right to be heard
- Land acquisition
- Revenue proceedings
- Writ of certiorari
- Remand
