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Telangana Housing Board v. Azamunnisa Begum (Died) Thru. Lrs. & Ors.

Civil Appeal · 2018 INSC 434Decided 1 May 2018
Civil Appeal Nos. 4632-4638 of 2018
Justice Madan B. Lokur · Justice Deepak Gupta

Background

In 1963, the Andhra Pradesh Housing Board acquired a large tract of land, including the entirety of Survey No. 1009 (661.04 acres), for a housing scheme. Decades later, the respondents' predecessors claimed before revenue authorities that only part of Survey No. 1009 had actually been acquired and that 20.18 acres had been left out, seeking correction of the revenue records under Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (dealing with correction of "clerical errors"). The Commissioner (Appeals) and the High Court's Division Bench ultimately ruled in favour of the respondents, holding that the unacquired portion remained with them. The Housing Board appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the entire Survey No. 1009 had in fact been acquired and compensated for, and that no part of it was left out. It further held that the correction sought by the respondents was not a genuine "clerical error" under Section 87, and that even though the statute allows such corrections "at any time," this could not be stretched to justify reopening a settled factual position after a 25-year delay, especially where third-party rights had since been created under the housing scheme. The Court found the revenue authorities had misdirected themselves in law by reopening a factual issue settled back in 1968. It set aside the High Court Division Bench's judgment and allowed the Housing Board's appeals, with no order as to costs.

Lesson Learnt

Even statutory powers to correct "clerical errors" "at any time" are not unlimited: courts will not permit decades-old, settled factual determinations to be reopened through such provisions, particularly once third parties have acquired rights relying on the original position. Vigilance and timely action are essential to preserving a legal claim.

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

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