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1996 DIGILAW 1793 (SC)

Maharashtra Land Development Corporation v. State of Maharashtra

1996-09-24

FAIZAN UDDIN, S.P.BHARUCHA

body1996
ORDER : 1. Special leave granted. 2. We have heard learned Counsel and perused the judgment of a Division Bench of the High Court at Bombay which is under appeal. The High Court, having come to the conclusion in a Writ Petition that the Maharashtra Revenue Tribunal had ignored material evidence on the record, proceeded to consider the evidence itself and reached a conclusion on facts contrary to that of the Tribunal. We are of the view that, in the circumstances, the appropriate order that the High Court ought to have passed was to set aside the order of the Tribunal and remand the matter to the Tribunal to consider it afresh in the light of what the High Court thought was the material evidence that had been ignored. That is what we propose to do. 3. The appeal is allowed, the judgement and order under appeal is set aside and the matter is remanded to the Maharashtra Revenue Tribunal to consider it afresh. The parties shall be at liberty to lead further evidence before the Tribunal. The Tribunal shall reach its decision having regard to the material on record before it, that is to say, such material as is already on record as also such material as may now be brought on record. It shall also look at that evidence which has been pin- pointed by the High Court in considering the matter. 4. No order as to costs. S.L.P.(C) No. 14917/96 : 5. The special leave petition is dismissed, leaving it open to the petitioners to adopt such other remedy as is deemed appropriate. 6. It is submitted that the possession of the petitioners should be protected. We make it clear that we are passing no such order. 7. Counsel now submits that, we should delete these last sentences. We have included these last sentences because Counsel repeatedly insisted that his client's possession should be protected, though we indicated our unwillingness to so order. We decline to delete these last sentences. Appeal allowed.