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Home Punjab & Haryana

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 S. 43-A – Power to correct an accidental slip or omission at any time on its own motion – Audi alteram partem has to be followed.

by PLRonline
July 6, 2022
in Punjab & Haryana, Revenue
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Mr. Vikram Singh, for the petitioners. Ms. Rajni Gupta, Addl. A.G. Haryana, for State

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948)  Section 43-A – Confer a power upon the Consolidation Officer to either correct an accidental slip or omission at any time on its own motion or on an application of any of the parties – This would mean that the party, who is likely to be adversely affected by exercise of such power, has not been made aware of the same or has been given an opportunity to assist and contest the said changes sought to be made by the said authority – In this case, it would be an order which would adversely affect a party or parties being passed in violation of the provisions of the principles of natural justice, which cannot sustain – Audi alteram partem is a well recognized principle of law.

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Tags: Audi Alteram PartemEast Punjab Holdings (Consolidation and Prevention of Fragmentation) ActEast Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 S. 43-A
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