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Mahant Lalita Sharanji v. Deoki Devi & Anr.

Civil Appeal · 2018 INSC 155Decided 16 Feb 2018
Civil Appeal No. 394 of 2009
Justice Madan B. Lokur · Justice Deepak Gupta

Background

During land consolidation proceedings near a temple in Vrindavan, the appellant (a temple Mahant) was allotted portions of three plots, with a strip near the main road reserved as "bachat" (reserve) land for the village council. In a later appeal filed by a third party (to which the appellant was not even a party), the Settlement Officer re-shuffled the allotments entirely, taking back land from the appellant and giving the road-facing portion to the respondent, Deoki Devi, instead. The appellant then successfully got this reversed in revision before the Deputy Director, Consolidation, but Deoki Devi challenged that reversal in a writ petition, which the Allahabad High Court allowed, reasoning the appellant had forfeited his right to object by not challenging the original bachat-land allotment.

Decision Breakdown

The Supreme Court held that the High Court erred: while it is true that objections not raised at the proper stage (under Sections 9(2)/11-A of the Consolidation Act) are generally barred later, that rule did not apply here because the subsequent appellate order (in the appeal the appellant wasn't even party to) had virtually nullified the original allotment and taken away land actually allotted to the appellant, giving him a genuinely fresh cause of action that he was entitled to challenge in revision. The Court also noted the Deputy Director's revision order correctly served the Consolidation Act's purpose of preventing fragmented holdings, and that the writ court had overlooked Deoki Devi's own admission that she was willing to accept her original, more distant plot with compensation instead. The Supreme Court therefore set aside the High Court's judgment, restored the Deputy Director's order, and directed Deoki Devi to vacate and hand back the land (removing her construction at her own cost) within 30 days.

Lesson Learnt

A person who did not object to an original land allotment is not permanently barred from challenging it: if a later order in proceedings he wasn't even party to effectively wipes out and reshuffles that original allotment to his detriment, it creates a fresh cause of action he is entitled to contest.

Official source (sci.gov.in)View Judgment (PDF)

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