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Issues: Whether the State Government could validly exercise suo motu revisional power under Section 34 of the Urban Land (Ceiling & Regulation) Act, 1976 after an inordinate delay of about eight years without any explanation for the delay.
Analysis: Section 34 does not prescribe any period of limitation for the exercise of revisional power. Where no limitation is prescribed, the power must nevertheless be exercised within a reasonable time, the length of which depends on the facts and circumstances of the case. The Court applied the principle that the authority must consider the delay, intervening circumstances and subsequent events before interfering with an earlier order. The record disclosed no explanation for the delay, and there were no allegations of fraud that could justify overlooking the lapse of time. In these circumstances, the extraordinary delay rendered the exercise of power improper and illegal.
Conclusion: The revisional order under Section 34 was not sustainable and was liable to be quashed in favour of the petitioner.
Ratio Decidendi: A suo motu revisional power under the Urban Land (Ceiling & Regulation) Act, 1976, though not subject to a prescribed limitation, must be exercised within a reasonable time unless fraud or other exceptional circumstances justify a belated exercise.
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