TaxTMI 
TaxTMI 
2010 (9) TMI 1169
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 1976 (hereinafter called `the Act 1976') came into force in the State of Uttar Pradesh with effect from 17th of February, 1976. The aforesaid tenure holders were subjected to the provisions of the aforesaid Act 1976. They had filed their respective declaration as required under the Act 1976, however, the record reveals that ex-parte assessment orders had been passed against all of them under Section 8(4) of the Act 1976 on 30th January, 1981, 31st January, 1981, 30th March, 1981, 8th May, 1981 and 25th May, 1981, declaring an area of land as surplus. 4. The original tenure holders did not challenge the said assessment orders in appeal or writ jurisdiction, thus they attained finality. It is stated that the said tenure holders transferred the major part of land so declared as surplus with them on 20th April, 1982 in favour of Mayur Sahkari Awas Samiti. The authorities under the Act 1976 proceeded against those tenure holders under Section 10 (3) publishing a Notification dated 6.7.1993 which effectuated the deemed vesting of such land in the State. Notices under Section 10(5) were issued on 31st March, 1993; 13th September, 1993; and 18th February, 1994, directing the said ten....
X X X X Extracts X X X X
X X X X Extracts X X X X
....against the original tenure holders, the sale in favour of Mayur Sahkari Awas Samiti was void. Further, the transfer in favour of M/s Savy Homes (P) Ltd. and the subsequent transfer in favour of the appellants being consequential remained inexecutable and unenforceable, thus, a nullity. Once an order in inception is bad, it cannot have sanctity at a subsequent stage by other subsequent orders/developments. The original tenure holders are nowhere involved and none of them has been impleaded in these proceedings. No evidence has been placed on record to show that the sale deed in favour of Mayur Sahkari Awas Samiti was genuine. More so, the writ petition was filed for quashing the inter-departmental communications, thus, the writ petition itself was not maintainable. The appellants had never received any show cause notice from the statutory authorities. No proceedings have ever been initiated against them or their predecessors-in- interest. The appeal lacks merit and is liable to be dismissed. 9. We have considered the rival submissions made by the learned counsel for the parties and perused the record. Case on merits: 10. The appellants had not approached the High Court for quas....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ossession of the land in exercise of its powers under Section 10(6) of the Act 1976, on commencement of the Act 1999 into force, the proceedings stood abated and the respondents have no business to interfere with the peaceful possession and enjoyment of the property. 13. We find full force in the submissions so made by Shri Jayant Bhushan to a certain extent, and hold that all proceedings pending before any court/authority under the Act 1976, stood abated automatically on com- mencement of the Act 1999 in force, provided the possession of the land in- volved in a particular case had not been taken by the State. Such a view is in consonance with the law laid down by this court in Pt. Madan Swaroop Shrotiya Public Charitable Trust Vs. State of U.P. & Ors., (2000) 6 SCC 325; Ghasitey Lal Sahu & Anr. Vs. Competent Authority, (2004) 13 SCC 452; Mukarram Ali Khan Vs. State of Uttar Pradesh & Ors., (2007) 11 SCC 90; and Smt. Sulochana Chandrakant Galande Vs. Pune Municipal Transport & Ors., JT (2010)C 298. 14. The aforesaid conclusion leads us further to the question as to whether the appellants have any justifiable cause to approach the court. Firstly, no proceedings had ever been init....
X X X X Extracts X X X X
X X X X Extracts X X X X
....) and ending with the date specified in the declaration made under sub-section (3). (i) no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the Notification aforesaid and any such transfer made in contravention of this provision shall be deemed to be null and void; and (ii) no person shall after or cause to be altered the use of such excess vacant land." (Emphasis added) 17. The High Court after considering the said statutory provisions and taking note of the fact that the appellants did not disclose the date of notification under Section 10(1) of the Act 1976, nor annexed the copy of the same and further presuming that the said notice must have preceded the notice under Section 10(3) of the Act 1976, reached the conclusion that the transfer which had been effected by the recorded tenure holders in favour of Mayur Sahkari Awas Samiti on 20th April, 1982 was deemed to be null and void by operation of law under Sections 5(3) and 10(4) of the Act 1976. We do not see any cogent reason to take a contrary view. More so, a further examination of the correctness of the aforesaid finding at t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to be pleaded and annexed to it." (Emphasis added) (See also Vithal N. Shetti & Anr. Vs. Prakash N. Rudrakar & Ors., (2003) 1 SCC 18; Devasahayam (Dead) by LRs. Vs. P. Savithramma & Ors., (2005) 7 SCC 653; Sait Nagjee Purushotham & Co. Ltd. Vs. Vimalabai Prabhulal & Ors., (2005) 8 SCC 252; and Rajasthan Pradesh V.S. Sardarshahar & Anr. Vs. Union of India & Ors., AIR 2010 SC 2221). The present appeal definitely does not contain pleadings required for proper adjudication of the case. A party is bound to plead and prove the facts properly. In absence of the same, the court should not entertain the point. 20. The power under Article 226 of the Constitution is discretionary and supervisory in nature. It is not issued merely because it is lawful to do so. The extraordinary power in writ jurisdiction does not exist to set right mere errors of law which do not occasion any substantial injustice. A writ can be issued only in case of a grave miscarriage of justice or where there has been a flagrant violation of law. The writ court has not only to protect a person from being subjected to a violation of law but also to advance justice and not to thwart it. The Constitution does not place an....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of the High Court under Article 226 of the Constitution and pointed out as follows: "It is the responsibility of the High Court as custodian of the Constitution to maintain the social balance by interfering where necessary for sake of justice and refusing to interfere where it is against the social interest and public good." 25. The present appeal does not present any special feature warranting exercise of equitable discretionary jurisdiction in favour of the appellants. The equity jurisdiction is exercised to promote honesty and not to frustrate the legitimate rights of the other parties. 26. It is settled legal proposition that if an order is bad in its inception, it does not get sanctified at a later stage. A subsequent action/development cannot validate an action which was not lawful at its inception, for the reason that the illegality strikes at the root of the order. It would be beyond the competence of any authority to validate such an order. It would be ironical to permit a person to rely upon a law, in violation of which he has obtained the benefits. (Vide Upen Chandra Gogoi Vs. State of Assam & Ors., (1998) 3 SCC 381; Satchidananda Misra Vs. State of Orissa & Ors., (....