1986 (4) TMI 359 - SC - Indian Laws

Summary

Issues:
1. Jurisdiction of High Court under Article 227 to set aside findings of Surplus Land Determination Tribunal.
2. Validity of order of remand made by Maharashtra Revenue Tribunal.
3. Waiver of right to object against the order of remand by Respondent No. 1.

Analysis:
1. The case involved a dispute regarding the jurisdiction of the High Court under Article 227 to set aside the findings of the Surplus Land Determination Tribunal. The Respondent was found to be holding surplus land by the Tribunal, and the case was remanded by the Maharashtra Revenue Tribunal for fresh enquiry. The High Court set aside the Tribunal's decision, stating that the remand order was erroneous. The Supreme Court held that the High Court's decision could not be sustained as the Respondent had waived the right to object to the remand order by submitting to it. The Tribunal's revised findings were affirmed by the Supreme Court, emphasizing the Respondent's waiver of objection.

2. The validity of the remand order made by the Maharashtra Revenue Tribunal was also a crucial issue in the case. The Tribunal remitted the case back to the Surplus Land Determination Tribunal for fresh enquiry, setting aside the earlier decision. The Respondent did not raise any objection to this remand order and submitted to it. The Supreme Court noted that the State did not file any cross-objection against the findings of the Surplus Land Determination Tribunal, further strengthening the validity of the remand order.

3. The issue of waiver of the right to object against the order of remand by the Respondent was significant in the case. Despite the remand order being made by the Maharashtra Revenue Tribunal, the Respondent did not challenge it and participated in the proceedings without objection. The Supreme Court considered this waiver of objection by the Respondent as a crucial factor in affirming the Tribunal's decision and setting aside the High Court's judgment. The Respondent's submission to the remand order was deemed as a waiver of the right to contest the same.

In conclusion, the Supreme Court upheld the validity of the remand order made by the Maharashtra Revenue Tribunal and affirmed the revised findings of the Surplus Land Determination Tribunal. The Court emphasized the Respondent's waiver of the right to object against the remand order as a pivotal factor in reaching its decision. The High Court's judgment was set aside, and no costs were awarded due to the peculiar circumstances of the case.