Natural justice breach in unilateral conveyance matters where preponed hearing notice was not effectively served, invalidating the order.

An order granting deemed or unilateral conveyance was vitiated where the hearing date was advanced without reliable proof that notice of the preponed date had been served on the affected parties. The SC held that, on the record, the appellants were deprived of an effective opportunity to appear and oppose the application, and the decision-making process before the Competent Authority breached audi alteram partem. The impugned order was therefore liable to be set aside for violation of natural justice.

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Issues: Whether the order granting deemed/unilateral conveyance was vitiated for breach of natural justice owing to non-service of notice of the preponed hearing date.

Analysis: The challenge turned on whether the parties were effectively informed that the hearing date had been changed from 19.6.2012 to 21.5.2012. The record showed no reliable proof that the notice of preponement was served on the appellants before the hearing. The explanation for advancing the matter was found unsatisfactory, and the surrounding material indicated that the appellants were deprived of an effective opportunity to appear and oppose the application. In these circumstances, the decision-making process before the Competent Authority was inconsistent with the rule of audi alteram partem.

Conclusion: The impugned order was vitiated for violation of natural justice and was liable to be set aside.

Ratio Decidendi: An order passed after changing the hearing date without ensuring effective service of notice on the affected party is liable to be set aside for breach of audi alteram partem.

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