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Showing posts with label 1979. This Court answered the issue in the affirmative but again the subject matter ofdiscussion.. Show all posts
Showing posts with label 1979. This Court answered the issue in the affirmative but again the subject matter ofdiscussion.. Show all posts
Thursday, August 11, 2016

whether an application for amendment of Form 7 could be entertained after 30th June, 1979. This Court answered the issue in the affirmative but again the question whether an amendment could be made in the application in Form 7 after the decision of the Tribunal was not the subject matter of discussion.= This was clearly impermissible and was an attempt to do so something in an indirect manner which could not have been done by him directly.= In our opinion, the Tribunal having adjudicated upon the application, it could only correct clerical or arithmetical errors as permitted by Section 48-A of the Act. The amendment sought by Narayanappa was not in the nature of a clerical or arithmetical errorWhat he sought was not only a change in the survey number but also a change in the village and also a change in the area of the land for which occupancy rights were claimed. This was clearly beyond the ambit of a clerical or arithmetical error. That apart, the order of the Tribunal passed on 24th April, 1981 had attained finality since Narayanappa did not challenge its correctness before any forum. Therefore, the proposed amendment sought by Narayanappa was not in the nature of an amendment to the original application in Form 7 but a fresh claim made by him for a different parcel of land after the cut- off date of 30th June, 1979. In other words Narayanappa sought to circumvent the provisions of the Act by making a fresh claim after the cut- off date by styling it as an amendment to the original application in Form -This was clearly impermissible and was an attempt to do so something in an indirect manner which could not have been done by him directly

                                                                  REPORTABLE                          IN THE SUPREME COURT OF INDIA      ...