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2010 (9) TMI 1169 - SUPREME COURTPrayer to quash inter-departmental communications - certain members of Mayur Sahkari Awas Samiti had sold their land to M/s Savy Homes (P) Ltd. who in turn further sold the land to the present appellants vide sale deed dated 15th June, 2006. Appellants further claim to have applied for sanction of plan for construction of buildings and the same was accorded by the statutory authorities under the Municipal Law. Appellants also claim to have developed the land - as submitted possession of the land in dispute had never been taken by the State and after commencement of the Act 1999, the proceedings stood abated. Therefore, the question of interference with the land in dispute does not arise - whether the appellants have any justifiable cause to approach the court? HELD THAT:- No proceedings had ever been initiated against the appellants by the authorities under the Act 1976. Secondly, the State authorities, the respondent herein, failed miserably to perform their statutory duties and it appears that they could not muster the courage to take the actual physical possession of the land in dispute in spite of issuance of notice under Section 10(5) of the Act 1976 in the year 1993. More so, the so-called authorities could issue notices under Section 10 of the Act 1976 after a lapse of twelve years as the assessment of surplus land became final in 1981 itself. Such an indifferent attitude on the part of the authorities is not commendable rather it is condemnable, but that does not mean that court should decide only the effect of repealing Act 1999 in these proceedings at the behest of the appellants in absence of the original tenure holders and subsequent transferees inasmuch as in the fact-situation of this case where the appellants, for the reasons best known to them, did not consider it proper to place either of the sale deeds on record. Examination of the correctness of the aforesaid finding at the behest of the appellants is not desirable for the reasons that they did not disclose even the date of notification issued under Section 10(1) of the Act 1976. More so, the user of the land could not be changed in view of the provisions of Section 10(4) of the Act 1976. The alleged transfer by the recorded tenure holders in favour of Mayur Sahkari Awas Samiti for the purpose of construction of residential houses was totally illegal. The sale deed in favour of Mayur Sahkari Awas Samiti dated 20th April, 1982 is not on record. There is nothing to establish whether the sale deed was a genuine, forged or fabricated document. Merely making a statement that it was a registered sale deed and, therefore, it was genuine, cannot be accepted. There is no such presumption in law. There is nothing to ascertain who had been the transferors and who were the transferees therein. None of the subsequent sale deeds is on record. Therefore, the genuineness of either of the alleged sale deeds can be tested. There are no pleadings as under what circumstances the sale deeds have been executed and as to whether the original tenure holders have received any consideration. It is a settled proposition of law that a party has to plead the case and produce/adduce sufficient evidence to substantiate his submissions made in the petition and in case the pleadings are not complete, the Court is under no obligation to entertain the pleas. 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. 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. In the instant case, as we have observed that the alleged sale deed dated 20th April, 1982 in favour of Mayur Sahkari Avas Samiti has been a void transaction, all subsequent transactions have merely to be ignored.
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