Remanded

FPA-ND-89/DLI/2017 of Sh. Sukhwinder Singh v/s The Competent Authority, Delhi

ATFP18 Apr 2018FPA-ND-89/DLI/2017

Case brief

AI extract

What is this about?

The Appellate Tribunal for Forfeited Property set aside an order confirming property seizure. Finding the appellants were given insufficient time to file translations and title documents, the Tribunal remanded the matter to the Competent Authority with liberty for appellants to file reply and translations within 30 days.

What did the court decide?

Impugned order set aside; liberty to file reply and translated copies by 7th May 2018; matter remanded for decision within 30 days.

FPA-ND-89/DLI/2017 of Sh. Sukhwinder Singh v/s The… — Civil Procedure and Limitation | ATFP (2018)

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APPELLATE TRIBUNAL FOR FORFEITED PROPERTY NEW DELHI

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1. MP-ND-147/DLI/2016 FPA-ND-65/DLI/2016
Shri Iqbal Singh & Ors.	…	Appellant/Applicant
2. MP-ND-178/DLI/2017 (Stay) FPA-ND-88/DLI/2017
Sh. Kewal Singh .	…	Appellant/Applicant
3. MP-ND-179/DLI/2017 (Stay) FPA-ND-89/DLI/2017
Sh. Sukhwinder Singh	…	Appellant/Applicant
Versus
The Competent Authority, Delhi	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant	: Mr. P.P. Nayak, Advocate Mr. Jaypal, Advocate
For the Respondent	: Mr. D.S Bisht, Joint Commissioner
CORAM
JUSTICE MANMOHAN SINGH	: CHAIRMAN
SHRI G.C. MISHRA	: MEMBER

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ORDER

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18.04.2018

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FPA-ND-65/DLI/2016 & FPA-ND-88-89/DLI/2017

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The matter is listed today after completion of pleading. Both sides have made their submissions for some time. It is the submission `of learned counsel for the appellants that no sufficient opportunity was given to place the documents before the Competent Authority as there was hardly less than one week to file the reply and to file the translation of FPA-ND-65/DLI/2016 & FPA-ND-88-89/DLI/2017 Page 1 of 3

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documents which were in Punjabi language. In view of said reason the appellants could not placed the title documents in support of their contentions

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It is seen from the record that the learned Competent Authority fixed the case on 16. 05.2016 directing the appellants to present their case before him and an adjourned the case to 18.05.2016 for hearing of the case on the request of the appellants. And finally passed the impugned order on 19.05.2016. The learned Competent Authority in his order, which is impugned here in, has recorded that “since the case was time barring in nature, a short adjournment was granted and fixed the case for hearing on 18.05.2016. On next date none appeared on behalf of the APs nor any submission filed.”

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On the basis of above it was ordered by Competent Authority confirming the freezing/seizing order no. 632-5A dt. 24.04.2016 in respect of property “ Agricultural land 32 Kanals, 19 Marlas in the area of Village: Bala Megha and Kaamal Wala, Tehsil and District Ferozepur, Punjab ”

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From the perusal of the order it is clear that in view of circumstance short time only two days was granted to the appellants to defend their case. We agree with appellants that within such a short adjournment they could not get proper opportunity to place the document in support of their contentions. It is urged by the learned counsel for the appellants that they be given opportunity to place the supportive documents before the learned Competent Authority for an order on merit.

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It is further requested by the appellants through their counsel that the matter may be remanded back to Competent Authority for a fresh

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FPA-ND-65/DLI/2016 & FPA-ND-88-89/DLI/2017

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Page 2 of 3

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decision on merit after perusal of the documents in support of their contentions.

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Mr. D.S. Bisht, Joint Commissioner representing the Department contended that he has no objection if the matter is remanded back to the Competent Authority to consider the documents, if any, to be filed by the appellants before the Competent Authority.

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We are not deciding the appeal on merit, however, the impugned order is set aside with the liberty to the appellants to file proper reply alongiwth the translated copies of the relevant title documents by 7^th May, 2018. The appellants to produce the original documents before the Competent Authority at the time of hearing. The Competent Authority will decide the matter within 30 days thereafter on the basis of material available on record.

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The appeal is disposed of.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 18^th April, 2018

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„s‟

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FPA-ND-65/DLI/2016 & FPA-ND-88-89/DLI/2017

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Page 3 of 3

FPA-ND-89/DLI/2017 of Sh. Sukhwinder Singh v/s The Competent Authority, Delhi

Case brief

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FPA-ND-89/DLI/2017 of Sh. Sukhwinder Singh v/s The Competent Authority, Delhi

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