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TMI Blog1986 (11) TMI 396X X X X Extracts X X X X X X X X Extracts X X X X ..... Reforms Act. The said assignment or alienation was subject to the condition prescribed by Rule 29(1) of the Land Reforms (Ceiling) Rules that such land shall be heritable but shall not, subject to the provisions of Sub-rules (2) to (5), be alienable for a period of 12 years from the date of assignment or for the period during which the charge created under Sub-section (3) of Section 97 subsists, whichever is later. The assignee however chose to transfer the property in favour of the Respondent within a short period the assignee got the land from the Collector. When that fact came to the notice of the Collector, Quilon he issued a show cause notice to the assignee and after considering the cause shown by him made an order as per Ext. P-1 on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the date of assignment. It is not disputed that such a condition was in fact imposed in this case. The power under Rule 29(8), as the language of the Sub-rule makes it clear, of cancelling the assignment has been conferred on the authority which assigned the land. Therefore it becomes necessary to ascertain the authority which assigned the land in this case. Whereas the learned High Court Government Pleader contends that the land having been assigned by the Collector in this case, he is clothed with the power of cancelling the assignment under Section 29(8) of the Rules, the learned Counsel appearing for the Respondent contends that the power of cancellation and assignment not having been expressly conferred on the Collector, he had no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of Rule 29. It is his contention that the delegation of power having been made for the restricted purpose of assigning the land we should not read into the delegation anything more than what was actually delegated. The contention so put forward cannot be found fault with, but the real question for consideration is as to what are the consequences that flow as a result of the delegation of the power of assignment in favour of the Collector. We shall proceed on the basis that there is no express delegation of power to cancel the assignment conferred on the Collector and that it is only the power of assignment that has been conferred on the Collector. But then Rule 29(8) says that the power of cancellation of the assignment can be exercised b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised the power to cancel the assignment. Sub-rule (8) to Rule 29 expressly provides that no such cancellation can be made without giving the party affected thereby a reasonable opportunity of being heard. The learned High Court Government Pleader contended that the assignment having been made in favour of Chandrasekharan Nair, it was enough if he was given a reasonable opportunity of being heard. It is not disputed that Chandrasekharan Nair was given such an opportunity and that the Respondent was not given any such opportunity. It appears to us that Rule 29(8) incorporates the well recognised principles of natural justice viz., that no person shall be deprived of the right or privilege that he enjoys without giving him an opportunity of ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the law that in every case where it is made out that there has been an infraction of the principles of natural justice the Court is obliged to interfere under Article 226 of the Constitution. As to whether the Court should or should not interfere depends upon the circumstances of each case. 6. In this case even if an opportunity of being heard is to be given to the Respondent, there is nothing more than he can say which he has not said already. On the land being found excess under the ceiling rules, it stood vested in the State Government under the relevant rules. The land which had become the property of the Government came to be assigned in favour of Chandrasekharan Nair subject to certain conditions. The essential condition with which w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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