Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
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The HC held that the impugned order dated 16.04.2024 is set aside for noncompliance with Section 73 and Rule 142(1)(a) and for violation of the principles of natural justice under Section 75(4). The court found that a DRC-01 summary cannot substitute a proper Show Cause Notice; a distinct SCN and, where issued, a Statement under Section 73(3) are mandatory, and Section 73(2)'s timing requirements must be observed. Because the Proper Officer proceeded without affording an effective hearing, the adverse order was invalid. The petition is allowed; respondents are granted liberty to initiate fresh proceedings de novo under Section 73 if deemed appropriate.
The HC held that the impugned order dated 16.04.2024 is set aside for noncompliance with Section 73 and Rule 142(1)(a) and for violation of the principles of natural justice under Section 75(4). The court found that a DRC-01 summary cannot substitute a proper Show Cause Notice; a distinct SCN and, where issued, a Statement under Section 73(3) are mandatory, and Section 73(2)'s timing requirements must be observed. Because the Proper Officer proceeded without affording an effective hearing, the adverse order was invalid. The petition is allowed; respondents are granted liberty to initiate fresh proceedings de novo under Section 73 if deemed appropriate.
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