9911796707
|
Home
Issues:
1. Bias of a Tribunal member due to a close relationship with a party. 2. Violation of procedural requirements during spot inspection and local enquiries by the Tribunal. Analysis: 1. The writ petition challenged the order of the Land Tribunal conferring occupancy rights on the third respondent under S. 48-A of the Karnataka Land Reforms Act, 1961. The petitioners alleged bias on the part of a Tribunal member, Shri K. R. Honnappa, who is a cousin of the third respondent. The petitioners contended that the participation of Honnappa, who is biased in favor of the third respondent, has vitiated the proceedings. The Tribunal order did not bear Honnappa's signature, but the petitioners claimed that he had actively participated in the proceedings. The court held that when a Tribunal member is closely related to a party, it constitutes bias and violates the rules of natural justice, necessitating a fair hearing. The court concluded that the proceedings were vitiated due to the bias, and ordered a fresh adjudication excluding Honnappa from participation. 2. The Tribunal's order mentioned spot inspection and inquiries with adjacent landowners, relying on their statements without affording the interested parties an opportunity to cross-examine. This procedure was found to be in violation of the prescribed rules under R. 17 of the Karnataka Land Reforms Rules and S. 34 and 36 of the Karnataka Land Revenue Act. Section 34 mandates the officer conducting an inquiry to record the summary of evidence in his own hand, while Section 36 requires hearings to be public with due notice to parties. The court held that conducting inspections and local inquiries without proper notice and cross-examination opportunity for interested parties is illegal and vitiates the proceedings. Consequently, the court quashed the impugned order and directed a fresh adjudication by the Tribunal in accordance with the law, allowing all parties a reasonable opportunity to present fresh evidence and be heard. In conclusion, the High Court allowed the writ petition, quashed the previous order, and directed a fresh adjudication by the Tribunal excluding the biased member. The court emphasized the importance of following procedural requirements to ensure a fair and just outcome in land-related disputes under the Karnataka Land Reforms Act.
|
