Supreme Court of India
TELANGANA HOUSING BOARDversusAZAMUNNISA BEGUM (DIED) THRU. LRS. & ORS.
- Citation
- 2018 INSC 434
- Decided
- 1 May 2018
- Disposal
- Appeal(s) allowed
- Bench
- MADAN B LOKUR
Holding
The entire Survey No. 1009 was lawfully acquired by the APHB, no clerical error existed, the claim under Section 87 was barred by unreasonable delay, and the High Court’s decision was set aside.
Summary
The Telangana Housing Board (APHB) acquired a large tract of land, including Survey No. 1009, for a housing scheme in 1968. The respondents later claimed that about 11 acres within Survey No. 1009 were not acquired and sought correction of a purported clerical error under Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act, filing the claim 25 years after the acquisition. The High Court held that a clerical error existed and allowed the correction, but the Supreme Court reversed this, finding that the entire Survey No. 1009 had been lawfully acquired, no clerical error was present, and the claim was barred by an unreasonable delay. The Court also affirmed APHB’s locus standi to contest the claim and set aside the Division Bench’s order, allowing the appeals filed by APHB.
Issues considered
- The extent of land acquired in Survey No. 1009 and whether any portion remained unacquired.
- Whether the respondents’ claim under Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, for correction of a clerical error is maintainable.
- Whether the alleged discrepancy in area constitutes a 'clerical error' within the meaning of Section 87.
- Whether the 25‑year delay in filing the claim bars relief on grounds of unreasonable delay and laches.
- Whether the Telangana Housing Board has locus standi to challenge the claim under Section 87.
- Whether the revenue authorities had jurisdiction to reopen the factual issue after such a long lapse.
Legislation cited
- Andhra Pradesh Housing Board Act, 1956s. 22A
- Andhra Pradesh Land Reforms (Ceiling of Agricultural Holdings) Act, 1973
- Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358F
- Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Faslis. 158, s. 87, s. 87-A
- Land Acquisition Act, 1894s. 18, s. 4
Subjects
land acquisitionclerical errorSection 87delaylacheslocus standihousing schemesurvey measurementthird party rights
Judgment
[2018] 4 S.C.R. 797 797
TELANGANA HOUSING BOARD A
v.
AZAMUNNISA BEGUM (DIED) THRU. LRS. & ORS.
(Civil Appeal Nos. 4632-4638 of 2018)
MAY 01, 2018 B
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ.]
Land Acquisition:
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317
Fasli: s. 87 – Settlement Officer to correct clerical and other errors C
admitted by all parties – Acquisition of thousand acres of land
covering few dozen survey numbers by the State Housing Board for
the housing scheme – Entire land in survey no. 1009 acquired by
the Housing Board as also possession taken – Respondent-land
owner’s case that 11 acres and odd had not been acquired –
D
However, revenue authorities case that the entire area of Survey
No. 1009 was actually 687.03 acres and as a result 20.18 acres
had not been acquired whereas records originally indicated that
Survey No. 1009 consists of 666.25 acres – Challenge to – Held:
There was no clerical error in the measurement of survey No. 1009
for all intents and purposes – Entire land in Survey No. 1009 was E
acquired for a Housing Scheme – No parcel of land in Survey
No.1009 was left out or not acquired – Compensation was paid for
acquisition of the entire Survey No.1009 – Division Bench of the
High Court erred in concluding that 20.18 acres of land in Survey
No. 1009 had not been acquired – Respondent’s claim u/s. 87 after
F
a period of 25 years was hopelessly delayed for which there is no
explanation – Respondents ought to have been vigilant in pursuing
their claim, assuming the claim was legitimate – Furthermore, third
party rights have been created in the meanwhile under the Housing
Scheme and there is no way to put the clock back – Housing Board
was directly and primarily affected by the claim made by the G
respondents u/s. 87 and thus, had the locus standi to proceed before
the Commissioner (Appeals), the High Court and this Court –
Judgment passed by the Division Bench is set aside.
H
797
798 SUPREME COURT REPORTS [2018] 4 S.C.R.
A Allowing the appeals, the Court
HELD: 1. The entire Survey No. 1009 was acquired by the
APHB for a Housing Scheme. No parcel of land in Survey No.1009
was left out or not acquired. Compensation was paid for acquisition
of the entire Survey No.1009. The Division Bench of the High
B Court erred in concluding that 20.18 acres of land in Survey
No.1009 had not been acquired. It is too simplistic on the part of
the respondents to contend that land in excess of 661.04 acres in
Survey No.1009 was not acquired. This is certainly not so and
the entire Survey No.1009 was acquired. The claim made by the
respondents under Section 87 of the Act was hopelessly delayed
C for which there is absolutely no explanation forthcoming. Since
third party rights have been created in the meanwhile under the
Housing Scheme of the APHB and there is no way to put the
clock back. The respondents ought to have been vigilant in
pursuing their claim, assuming the claim was legitimate, but since
D they were not vigilant enough, they must suffer the consequences
of their inaction. The proceedings under the Andhra Pradesh Land
Reforms (Ceiling of Agricultural Holdings) Act, 1973 were of
some consequence but since the APHB has not relied upon the
proceedings under the said Act and the counsel has only
mentioned it in passing, there is no intention to base the decision
E on the declaration made by the respondents under the said Act.
The APHB was directly and primarily affected by the claim made
by the respondents under Section 87 of the Act and therefore,
had the locus standi to proceed before the Commissioner
(Appeals), the High Court and this Court. The judgment and order
F passed by the Division Bench is set aside. [Paras 65-70] [824-B-
H; 825-A]
2.1 The Division Bench of the High Court seriously erred
in setting aside the order of the Single Judge.The APHB had
acquired, in terms of the Award dated 10th June, 1968 a couple
of thousand acres of land covering a few dozen survey numbers.
G
The entire land was acquired and in view of the large area of
acquisition even if there was some error in describing the area of
a particular survey number, that would be inconsequential given
the overall acquisition and its purpose for a Housing Scheme
under Section 22A of the Andhra Pradesh Housing Board Act.
H The entire land in Survey No.1009 was acquired by the APHB.
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 799
(DIED) THRU. LRS.& ORS.
There cannot be any doubt in this regard, particularly since the A
APHB also took possession of the entire Survey No.1009. [Para
41] [816-C-E]
2.2 While it is correct that the respondents did submit in
their claim petition under Section 18 of the Land Acquisition Act,
1894 that 11 acres and odd had not been acquired, there was B
absolutely no reference to any survey number in which this 11
acres and odd was located. There was no clear identification of
the land, no boundaries were mentioned nor was the land ear-
marked in any manner and in fact even the exact measurement
was not mentioned. The respondents were taking a potshot in
the dark to somehow or the other retain possession of some of C
the acquired land. [Para 42] [816-E-G]
2.3 If the respondents were convinced that 11 acres and
odd had not been acquired by the APHB in 1968 it is not
understandable why no follow up action taken by them. They had
an option, perhaps, of proceeding against the APHB for being in D
wrongful possession of 11 acres and odd owned by the
respondents and they certainly had the option of moving an
application under Section 87. The respondents took neither of
these steps on an urgent basis or any other step that might have
been available to them in law. [Para 43] [816-G-H; 817-A-B] E
2.4 All that the respondents did was to wait for another 25
years and then move an application under Section 87 of the Act
sometime in 1993. There was no change in the factual situation
between 1968 and 1993 except construction having been made
by the APHB in pursuance of its Housing Scheme. The F
respondents have given absolutely no explanation for filing an
application under Section 87 of the Act after such an enormous
lapse of time. What has been submitted is that there is no time
limit for correcting a clerical error and that being so, the
respondents cannot be non-suited on the ground of delay and
laches, cannot be accepted. It is accepted with the APHB that an G
accurate picture of the area in terms of measurement of land in
Survey No.1009 cannot be fully relied upon after several decades
and after construction having been made. The records had
originally indicated that Survey No.1009 consists of 666.25 acres
H
800 SUPREME COURT REPORTS [2018] 4 S.C.R.
A and it must be proceed on that basis rather than assume the
correctness of a measurement carried out after several decades.
[Paras 44, 45] [817-B-E]
2.5 That the unexplained delay in measurement of the area
cannot be relied upon is also supported by the fact that even the
B revenue authorities were not quite sure about the exact area of
Survey No.1009. According to the respondents, 11.10 acres had
not been acquired but according to the revenue authorities the
entire area of Survey No.1009 was actually 687.03 acres with the
result that 20.18 had not been acquired. In view of this
discrepancy, the surveys conducted post the notification under
C Section 4 of the Land Acquisition Act cannot be relied upon. It
has come on record that IDL was also in possession of some
parts of Survey No.1009. Thus, it must be accepted that the fact
that the entire Survey No.1009 was acquired by the APHB and
possession taken, regardless of its actual measurement and the
D alleged non-acquisition of 11.10 acres is nothing but a red herring.
Consequently, the question of correcting a ‘clerical error’ with
reference to Section 87 of the Act does not arise. [Para 46]
[817-E-H]
2.6 It is not clear what the clerical error was. If the clerical
error was that the area of Survey No.1009 was not 661.04 acres
E or 666.25 acres but actually 687.03 acres then the contention is
self-defeating. This is because the area of Survey No.1009 would
then have to be read as 687.03 for all purposes and not 661.04
acres. The consequence of this correction would be that the
acquisition was of 687.03 acres and not of 661.04 acres. That
F apart, the correction of the alleged clerical error does not give
rise to the argument that only 661.04 acres was acquired out of
687.03 acres. If the correction gives rise to an argument or
contention, then it ceases to be the correction of a clerical error
but is really the correction of a substantive error, which does not
come within the purview of Section 87 of the Act. [Paras 47-48]
G [818-B-D]
2.7 The Circular dated 15th October, 1994 clarifies a clerical
error. One clarification is to the effect that a clerical error is where
the area is calculated wrongly though measurement on the ground
and the records support the correct area. This clause is sought
H to be relied upon by the respondents. It must be appreciated in
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 801
(DIED) THRU. LRS.& ORS.
this case that there is no question of a calculation error since no A
arithmetical error was committed as understood by this Court.
The area of Survey No.1009 was measured and it was found to be
666.25 acres (including the area acquired for Manjeera Water
Works Department). The survey by the Measuring Circle
Inspector, the check by the G.D. Inspector and approved by the
B
Land Record Assistant clearly indicate this. This was sought to
be ‘corrected’ by the respondents by claiming that the area of
Survey No.1009 was much more. A calculation error would be, in
a situation such as the present, an error that would appear on the
face of the document or the revenue records, as the case may be.
If there is a need to carry out a survey and a re-survey, the error C
cannot by any means, be described as a clerical error. [Para 52]
[819-E-H; 820-A]
2.8 What makes the situation worse insofar as the
respondents are concerned is that according to them the error
was to the extent of 11.10 acres but on a survey having been D
conducted, the error was said to be to an extent of 20.18 acres.
Surely, such a discrepancy cannot be described as an accidental
slip or a clerical mistake or a calculation error. It can only be
described as a major error which ought to have been rectified at
the appropriate time in 1968 when the Award was passed or soon
thereafter. To notice and make much ado about such an error E
after at least 25 years cannot be understood as the correction of
a clerical error. [Para 53] [819-B-C]
2.9. The view expressed in the Circular dated 15th October,
1994 particularly clause 5(d) referred to and relied upon by the
respondents does not come within the four corners of the F
understanding of the expression clerical error by this Court if it
involves a survey and a re-survey as in this case. Therefore, no
reliance can be placed upon the contemporaneous exposition
made by the revenue authorities in the Circular dated 15 th
October, 1994. Thus, there was no clerical error in the G
measurement of Survey No.1009 for all intents and purposes and
that in any event, the entire land in Survey No.1009 was acquired
for the Housing Scheme of the APHB. [Paras 56-57] [821-C-D]
2.9 The delay by the respondents in making a claim under
Section 87 of the Act is not satisfactory. It was submitted that
H
802 SUPREME COURT REPORTS [2018] 4 S.C.R.
A since there is no time limit specified for filing a claim petition,
they could have made a claim at any point of time, particularly for
correcting a clerical error. It is now well settled that where no
time-limit is specified, whatever is required to be done should
be within a reasonable period. Insofar as the facts of the present
case are concerned, the claim made under Section 87 of the Act
B
was after a period of at least 25 years. This can hardly be described
as a reasonable period. There is no explanation for the inordinate
delay and to make matters worse, third party interests have been
created through a Housing Scheme developed on the land in
dispute or in any event on the surrounding land. After a further
C lapse of 25 years it is not possible to put the clock back, even if
there is any reason to do so, which reason, cannot even be
visualised in this case. [Paras 58, 59,62] [821-E-F; 823-A-B]
2.10 A tract of land measuring 11.10 acres out of Survey
No.1009 was sought to be taken away from the APHB which had
D announced a Housing Scheme under Section 22A of the Andhra
Pradesh Housing Board Act, 1956 and third party rights had also
been created in this regard. The primary responsibility of
protecting the interests of the beneficiaries of the Housing
Scheme was that of the APHB and surely it cannot be said under
these circumstances that the APHB had no locus standi to
E participate in the proceedings. In fact, even the revenue
authorities recognised the locus of the APHB in the order dated
15th September, 1997. The Commissioner of Survey, Settlements
and Land Records, Hyderabad directed the District Revenue
Officer to take action in terms of the Circular of 15th October,
F 1994 but before passing any orders under Section 87 of the Act,
it was directed that the APHB should be heard. [Para 63]
[823-D-F]
2.11 The revenue authorities had completely misdirected
in law in reopening a factual issue that had been settled way back
in 1968 if not earlier and there was no occasion for reopening
G
that factual issue after a lapse of at least 25 years. That being the
position, it cannot be said that the courts are precluded from
interfering in a matter of determination of facts when the
authorities have completely misdirected themselves in law and
exercised jurisdiction which did not vest in them. [Para 64] [823-
H G-H; 823-A-B]
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 803
(DIED) THRU. LRS.& ORS.
M/s Tata Consulting Engineers v. Workmen 1980 (Supp.) A
SCC 627 : 1981 SCR 166; Sooraj Devi v. Pyare Lal.
(1981) 1 SCC 500 : [1981] 2 SCR 485; Master
Construction Co. (P) Ltd. v. State of Orissa AIR 1966
SC 1047 : 1966 SCR 99; Vipinchandra Vadilal Bavishi
(Dead) by Lrs. v. State of Gujarat (2016) 4 SCC 531 :
B
[2016] 1 SCR 283; K.P. Varghese v. Income Tax Officer,
Ernakulum and Another AIR 1981 SC 1922 : [1982]
1 SCR 629; Desh Bandhu Gupta and Co. v. Delhi Stock
Exchange Association Ltd. AIR 1979 SC 1049 : [1979]
3 SCR 373; Collector v. P. Mangamma (2003) 4 SCC
488 : [2003] 2 SCR 430; Joint Collector Ranga Reddy C
District v. D. NarsingRao (2015) 3 SCC 695 : [2015] 1
SCR 437; Basanti Prasad v. Chairman, Bihar School
Examination Board (2009) 6 SCC 791: [2009] 9 SCR
367 – referred to.
Case Law Reference D
1981 SCR 166 referred to Para 49
[1981] 2 SCR485 referred to Para 50
[1966] SCR 99 referred to Para 50
[2016] 1 SCR283 referred to Para 51 E
[1982] 1 SCR 629 referred to Para 54
[1979] 3 SCR 373 referred to Para 55
[2003] 2 SCR 430 referred to Para 59
[2015] 1 SCR 437 referred to Para 59 F
[2009] 9 SCR 367 referred to Para 61
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4632-
4638 of 2018.
From the Judgment and Order dated 25.09.2009 as amended on G
11.03.2010 of the High Court of Andhra Pradesh at Hyderabad in
WAMP No.2922/2009, WA Nos.1311 and 1781 of 2005, WA No.257/
2009, WAMP No.2475/2008 in WA No.1311/2005 and WAMP No.1156/
2009 in WA No.1311/2005 and WAMP No.2476/2008 in WA No.1781/
2005 respectively.
H
804 SUPREME COURT REPORTS [2018] 4 S.C.R.
A P.S. Narsimha, ASG, Mukul Rohatgi, V. Giri, K. Ramamoorthy,
Dushyant Dave, Koke Raghave Rao, Debol Banerjee, Sr. Advs., T.V.
Ratnam, Dr. Rajaram Punna, M. Sowri Dev, Apoorv Sarvaria, Nikhil
Rohatgi, Shashank Khurana, S. Udaya Kumar Sagar, Ms. Bina
Madhavan, Piyush Dwivedi, Shreyasi Kunwar, Krishna Bushan
Chowdary (for M/s Lawyer’s Knit & Co.), K.L. Sastry, R.V.
B
Kameshwaran, Shivpati B. Pandey, S.K. Verma, Atul Kumar, Ananga
Bhattacharyya, Mukund P. Unny, Rohit Rao N., K. Subba Rao, K.
Maruthi Rao, K. Radha, Mrs. Anjani Aiyagari, M.V. Rama, Harsha
Peechara, Mrs. Sudha Gupta, , Mohd. Irshad Hanif, Aarif Ali Khan,
Rizwan Ahmad Durrani, Mujahid Ahmad, D.S. Khan, D. Ramakrishna
C Reddy, Ms. Vidyottma, Mrs. D. Bharathi Reddy, G.V.R. Choudary, K.
Shivraj Choudhuri, A. Chandra Sekhar, Ms. Ayushi Goel, V.N.
Raghupathy, Gaurav Agarwal, Ms. Tanya Shree, Ejaz Maqbool, Kunwar
Aditya Singh, Nageswar Rao, I.V. Kasyap, Mrs. K. Sarada Devi, D.
Mahesh Babu, Ms. Suchitra, T.V. Bhasker Reddy, B. Rama Krishna
Rao, Sumit Kumar, Rajiv Singh, Ishaan George, C.R. Mishra, Pranab
D
Kumar Mullick, Soma Mullick, Sebat Kumar Deuria, Trideep Pais,
Devashish Chauhan, Advs. for the appearing parties.
The Judgment of the Court was delivered by
MADAN B. LOKUR, J. Leave granted.
E 1. The question for our consideration relates to the interpretation
of Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue
Act, 1317 Fasli and the meaning of the expression ‘clerical error’. The
further question is whether a ‘clerical error’ can be corrected “at any
time” or only within a reasonable time.
F 2. In our opinion, the correction sought to be made by the
respondents is not a ‘clerical error’ and so the further question really
does not arise. However, the expression “at any time’ cannot be
interpreted to stretch over a period of 25 years, as in the present case.
Land Acquisition Proceedings
G th
3. On 24 May, 1963 a notification was issued under the provisions
of Section 4 of the Land Acquisition Act, 1894 (the Land Acquisition
Act). The entire acquisition was of a few thousand acres comprising of
dozens of survey numbers. Amongst others, the acquisition included
survey nos. 1009, 1043 to 1065 comprising of 1110.07 acres in Kukatpally
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 805
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
Village, Balanagar Mandal in Ranga Reddy District of Andhra Pradesh. A
The entire acquisition was for the purpose of a Housing Scheme of the
Andhra Pradesh Housing Board (APHB) framed under Section 22-A
of the Andhra Pradesh Housing Board Act, 1956.
4. As is evident, the area was extremely large but it is recorded in
paragraph 4 of the Land Acquisition Award that: B
“The lands under acquisition were got surveyed by the Measuring
Circle Inspector of this office and were got checked by the G.D.
Inspector of Hyderabad District, and areas of the lands under
Acquisition were approved by the Land Record Assistant. The
Areas as approved after survey and check are adopted in this C
Award.”
5. As far as Survey No. 1009 is concerned an area of 661.04
acres was sought to be acquired. The notification does not indicate that
only a part of Survey No. 1009 was sought to be acquired. There was
no indication that 661.04 acres of land is only a part of the entire extent D
of Survey No.1009. In fact, as suggested in the Award, the entire Survey
No. 1009 along with the entire survey nos. 1043 to 1065 (along with
several dozen other survey numbers) were sought to be acquired by the
said notification.
6. In paragraph 29 (b) of the Land Acquisition Award it is further E
stated:
“The Special Deputy Collector Patancheru has informed
vide his Lr. No.B1/341/67 dated 6.8.67 that he has acquired
5 acres 21 guntas out of survey number 1009 measuring
666.25 acres of Kukatpally village. The area tallies on the F
spot hence an area 5 acres 21 guntas is deleted from the
area of survey no.1009 of Kukatpally and award is being
passed for the balance area of 661.64 acres out of survey
number 1009.”
7. At this stage, we may mention that an area of 5.21 acres in
G
Survey No. 1009 was earlier acquired for the Manjeera Water Works
Department and hence 661.04 acres was sought to be acquired by the
said notification.
8. The acquisition proceedings concluded without any objection
having been raised by the respondents who were admittedly owners of
H
806 SUPREME COURT REPORTS [2018] 4 S.C.R.
A the land. An Award was passed by the Special Deputy Collector, Land
Acquisition, Andhra Pradesh Housing Board, Hyderabad on 10th June,
1968 and Survey No. 1009 was described in the Award as “dry lands full
of rocks unfit for cultivation and no cultivation is being done.”
th
9. On 24 June, 1968 the APHB took possession of all the acquired
B lands including entire survey nos. 1009 and 1043 to 1065.
10. Dissatisfied with the award of compensation, the respondents
filed a reference under Section 18 of the Land Acquisition Act. In the
claim petition it was stated that survey nos. 1009 and 1043 to 1065
comprise of 1121.17 acres. However, compensation was awarded only
C for 1104.26 acres (5.21 acres relating to Manjeera Water Works
Department was not included in this calculation). Accordingly, it was
stated that “11 acres and odd, they being the property of the claimant, it
is not acquired and they remain to be the property of the claimant.” It is
significant to note that the 11 acres and odd which was sought to be
excluded from the acquisition proceedings by the respondents was not
D specified or identified inasmuch as the survey number of this un-acquired
area was not stated or earmarked by the claimants. It is much later that
the respondents came to the conclusion that the allegedly un-acquired
11 acres and odd was a part of Survey No. 1009.
11. Be that as it may, the compensation was enhanced and
E ultimately, settled by this Court sometime in 1992. We are not concerned
with the details of the compensation proceedings any further but have
mentioned it only for the purpose of indicating that:
i) The entire area of survey nos. 1009 and 1043 to 1065 was
acquired. The acquisition consisted of huge areas and
F physical measurements were carried out, surveyed,
checked and approved as per the revenue records.
ii) Possession of the entire land was taken by the APHB for a
Housing Scheme.
iii) Although the respondents made a submission that 11 acres
G
and odd was not acquired, this area was not identified or
specified as being a part of any particular survey number or
even earmarked.
Proceedings relating to Section 87 of the A.P. (Telangana
Area) Land Revenue Act, 1317 F.
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 807
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
th
12. On 7 December, 1993 the respondents moved an application A
under the provisions of Section 87 of the Andhra Pradesh (Telangana
Area) Land Revenue Act, 1317 Fasli (for short the Act). In the application,
it was stated that as per the revenue record pertaining to Survey No.
1009 the land area is actually 672.14 acres and it incorrectly shows the
area less by 11.10 acres. It was stated in the application that this area
B
of 11.10 acres was in possession of the respondents. It is for the first
time in 1993 that 11.10 acres was attributed to Survey No. 1009. Section
87 of the Act reads as follows:-
“Settlement Officer to correct clerical and other errors
admitted by all parties and application for correction of name
to be made within two years: C
The Director of Settlements and on making over the settlement
records to the Collector, the Collector may, at any time, correct or
cause to be corrected any clerical error or errors admitted by the
party concerned.
The aforesaid officer shall hear all applications made within two D
years after the introduction of the settlement, for the correction
of any wrong entry of a pattadar’s name in the register referred
to in the preceding section and if satisfied about the error whether
such error has been made through negligence, fraud, or collusion
shall correct the same, notwithstanding that the party concerned E
does not admit the error but no such application shall be entertained
after two years, unless reasonable cause is shown to the said
officer for the delay, and in such cases if any error is proved it
shall not be corrected without obtaining the sanction of the
Government.”
13. Acting on the application, the District Collector requested the F
Assistant Director, Survey and Land Records for a survey of Survey
No. 1009 and to fix
th
the boundaries. The Assistant Director issued notice
to the APHB on 7 July, 1994 for the purposes of carrying out the survey
but according to the APHB the notice was not received. In our opinion,
the non-receipt of the notice is hardly of any relevance. G
th
14. In any event, the Assistant Director submitted a Report on 5
August, 1994 to the District Collector. In his Report, it was concluded
that the area of Survey No. 1009 was actually 687.03 acres. This
comprised of 661.04 acres (subject matter of consideration before us)
and 5.21 acres earlier acquired for Manjeera Water Works Department. H
808 SUPREME COURT REPORTS [2018] 4 S.C.R.
A Therefore, according to the Assistant Director there was an excess of
20.18 acres that had not been acquired. It was also noted that IDL was
in possession of some extent of Survey No. 1009. No specification or
details were provided of the area and location of the land in possession
of IDL.
B 15. It is also significant to note that while the respondents had
been contending that there was an excess of 11.10 acres that had not
been acquired, the Assistant Director came to the conclusion that 20.18
acres had not been acquired.
16. At this stage, we may take a slight diversion and refer to a
C Circular dated 15th October, 1994 issued by the Commissioner of Survey,
Settlements and Land Records. This Circular concerns itself with Section
87 of the Act it seeks to explain a ‘clerical error’ that could be rectified.
th
17. The relevant portions of the Circular dated 15 October, 1994
are paragraphs 4 and 5 and they read as follows:-
D “Clarification: There is no time limit for entertaining clerical errors,
and District: Revenue Officer is competent to entertain clerical
errors. The time limit is prescribed only for errors other than clerical
errors. For rectification of errors other than clerical errors
condonation of delay is required, for which District: Revenue
E Officer alone is competent. However the District: Revenue
Officer is not competent to carryout correction other than clerical
errors without the approval of the Commissioner, Survey,
Settlement and Land Records.
Clarification: Section 87 of the Land Revenue Act 1317 Fasli does
F not provide definition of clerical errors and errors other than clerical
errors. The clerical errors are minor errors which do not involve
alteration in area, change of classification, or change of name of
the pattedar.
A few examples of errors, which come under the category of
clerical errors, are furnished below:-
G
a. Name of the Pattedar misspelt.
b. Inter-change of survey numbers.
c. Survey no. missing in the survey map.
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 809
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
d. Area is calculated wrongly though measurement on ground A
and records support the correct area.
Since the definition of clerical error and errors other than clerical
errors is not there in the Act, it is not proper to leave it to the
judgment of Assistant Director Survey and Land Records whether
particular survey error falls under the category of clerical error or B
errors other than clerical error. Therefore, the Assistant Director,
Survey and Land Records shall send detailed technical report to
Director, Survey Settlement and Land Records, regarding proposed
error. This is purely a technical and non-statutory function. The
report so sent shall be examined at Directorate whether the error
falls under the category of clerical error or error other than clerical C
error and the fact will be communicated to Assistant Director
Survey and Land Records. On obtaining clearance from the
Directorate, the Assistant Director shall send the file to District
Revenue Officer to dispose of the case at District Revenue
Officers level under Section 87 of the Land Revenue Act, if the D
error is a clerical error. If the error is other than clerical error,
the District Revenue Officer, shall send proposals to Commissioner
Survey Settlement and Land Records duly condoning the delay
as per rules for disposal of the case by Commissioner, Survey,
Settlement and Land Records, under Section 87-A of Land
Revenue Act 1317 fasli.” E
18. In response to the application made by the respondents under
Section
th
87 of the Act and the Report given by the Assistant Director on
5 August, 1994, the Director of Settlements,
th
Survey and Land Records
wrote to the District Collector on 19 April, 1995 acknowledging that
there is no record of any actual measurement of Survey No. 1009 since F
it is a large tract of land. He also stated that variation in calculating the
area apparently in view of the rocky nature of the land could be between
10% and 30%. The fact that all the survey numbers had been measured,
as mentioned in the Award, was lost sight of.
19. Nevertheless, the Director stated that the measurement G
exercise undertaken by the Assistant Director is technically correct and
the area of Survey No. 1009 is actually 687.03 acres while the recorded
area is 666.25 acres (which includes the land acquired for Manjeera
Water Works Department). Therefore, according to the Director the
H
810 SUPREME COURT REPORTS [2018] 4 S.C.R.
A variation is to the extent of 20.18 acres. The Director also expressed
the opinion that the measurement error falls within the category of ‘clerical
th
error’ as mentioned in the Circular dated 15 October, 1994 and necessary
corrective action ought to be taken.
20. It is not clear how the APHB learnt of the Report of the
B Assistant
th
Director and its acceptance by the Director but in any event,
on 10 June, 1996 objections were raised by the APHB before the
District Collector to the Report and the decision to correct the revenue
records.
21. On receipt of the objections, the District Collector referred
C the case to the Commissioner
st
of Survey, Settlements and Land Records,
Hyderabad on 1 August, 1996 to consider rectification of the
measurement error.
th
22. On 15 September, 1997 the Commissioner directed theth
District
Revenue Officer to take action in terms of the Circular of 15 October,
D 1994 since there was a clerical error in terms of paragraph 5 of the
Circular. However, the Commissioner also directed that before passing
any orders under Section 87 of the Act the APHB should be heard.
23. It appears that the APHB was thereafter
th
heard by the District
Revenue Officer who then passed an order on 9 June, 1998 concluding
E that in fact the area of Survey No. 1009 was 687.03 acres and that there
was an excess of 20.18 acres that had not been acquired. This was as
against the claim of the respondents that 11.10 acres had not been
acquired. The District Revenue Officer concluded that the APHB had
no right over the area of 20.18 acres and that necessary corrections in
terms of Section 87 of the Act should be made.
F
24. Feeling aggrieved by the order passed by the District Revenue
Officer which appears to have been accepted by the higher authorities
the APHB filed an appeal before the Commissioner (Appeals) under
Section 158 of the Act. This Section reads as follows:
“Appeal from order of Revenue Officer- (1) Except as
G
otherwise provided in this Act for any other law for the time being
in force, an appeal shall lie against any decision or order passed
by a Revenue Officer under this Act or any other law for the time
being in force, to his immediate superior officer whether such
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 811
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
decision or order may have been passed in the exercise of original A
jurisdiction or on appeal.
(2) Subject to the provisions of the Andhra Pradesh (Telangana
Area) Board of Revenue Regulation, 1358 F., (Regulation LX of
1358F.) an appeal shall lie to the Government from any decision
or order passed by a Collector or Settlement Commissioner except B
in the case of any decision or order passed by such officer on
second or third appeal.
(3) and (4) xxx xxxxxx
th
25. On 24 March, 1999 the Commissioner (Appeals) passed an
ex parte order in the appeal filed by the APHB for maintaining status C
quo.
26. It appears that in spite of the status quo order passed by the
Commissioner (Appeals) the revenue records were corrected by issuing
a Supplementary Sethwar. thBe that as it may, the respondents challenged
the ex parte order dated 24 March, 1999 by filing a writ petition in the D
th
Andhra Pradesh High Court on 5 April, 1999. The writ petition was
numbered as the W.P. No. 7940 of 1999. Among the grounds taken by
the respondents, in the writ petition, was that the appeal filed by the
APBH was beyond time and an ex parte order ought not to have been
passed by the Commissioner (Appeals). E
th
27. On 10 August, 2000 the learned Single Judge hearing the
writ petition passed an interim order to earmark the land in possession of
the APHB and whether it is occupying 661.04 acres or more. In
compliance with the interim order, the Assistant Director gave a Report
rd
dated 23 June, 2001 to the effect that the area of Survey No. 1009 is F
666.25 acres including 5.21 acres with Manjeera Water Works
Department. It is important to note that the Assistant Director did not
report that the area of Survey No. 1009 was more than 666.25 acres.
In other words, there was a turn-around from the earlier decisions taken
in this regard. It was reported as follows:
G
“After fixing the boundaries as stated above the land available
within such boundaries surveyed with the help of theodolite
(traverse survey) and arrived the total area as Ac.666.25 gts.
which is tallied with the recorded area of survey no. 1009 as per
survey records. The survey work is concluded on 11.6.2001.
H
812 SUPREME COURT REPORTS [2018] 4 S.C.R.
A The details of land showing physical features within survey no.1009
arrived after detailed survey are as under:-
1. Land under the possession of Housing Board Ac. Gts.
covered by built up area 288.00
B 2. Open land under possession of
Housing Board 358.04
3. Land left for Graveyard/Burial ground
by the Housing Board 15.00
C ______
661.04
4. Land under Manjeera Pipeline
(Water works Dept.) 5.21
D ————
Total area of survey no. 1009 666.25
————-
A sketch of survey no. 1009 showing the above details is prepared
E and submitted herewith.”
st
28. On 31 October, 2001 the learned Single Judge decided W.P.
No. 7940 of 1999 and directed the Commissioner (Appeals) to hear the
appeal and pass appropriate orders. In the meanwhile, status quo was
directed to be maintained.
F 29. Pursuant to the directions given by the learned Single Judge,
the Commissioner (Appeals) heard the appeal filed by APHB. By an
th
order dated 4 January, 2003 the Commissionerth
(Appeals) upheld the
view of the District Revenue Officer dated 9 June, 1998 and dismissed
the appeal. The Commissioner (Appeals) was of opinion that:
G (i) Only 661.04 acres of land was acquired out of the larger area
in Survey No.1009;
(ii) The claim made by the respondents that 11.10 acres out of
Survey No.1009 was not acquired was not a belated claim;
(iii) The correction sought by the respondents in their claim under
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 813
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
Section 87 of the Act was the correction of a clerical error A
th
under paragraph 5 (d) of the Circular dated 15 October,
1994.
Proceedings before the learned Single Judge
30. Feeling aggrieved by the dismissal of its appeal by the
Commissioner (Appeals), a writ petition was filed by APHB in the Andhra B
Pradesh High Court and that was numbered as W.P. No. 13927 of 2003.
31. A learned Single Judge of the
th
High Court heard the writ petition
and by a judgment and order dated 19 April, 2005 allowed it and quashed
the order of the Commissioner (Appeals).
C
32. The learned Single Judge took the view that Section 87 of the
Act was not applicable to the case and as such the claim made by the
respondents was not maintainable. In addition, it was held that the claim
made by the respondents does not fall within
th
the category of a ‘clerical
error’ and therefore the Circular dated 15 October, 1994 was also not
applicable. The learned Single Judge made a reference to the failure of D
the State and the respondents to produce the record prepared at the
time of survey which could have shown a wrong calculation of area. In
this regard it was held by the learned Single Judge as follows:
“Record prepared at the time of survey is not produced to show
that there is a wrong calculation of area, though the measurement E
on ground and record support the correct area. So, entry regarding
extent of S.No.1009 cannot be said to have been made wrongly
due to a clerical mistake. By arriving at the area of a particular
survey number by conducting survey thereof only, several decades
after settlement, and without surveying the areas in other survey F
numbers adjacent to that survey number, question of the original
entry in the settlement register was a wrong entry as a clerical
error or not cannot be determined. There is nothing on record to
show that lands in adjacent survey numbers of S.No.1009 also
were surveyed and as to what is the extent found in such survey,
and the extent noted in the settlement register.” G
33. With regard to the contention that only 661.04 acres had been
acquired out of Survey No.1009, the learned Single Judge noted that a
declaration had been filed by and on behalf of the respondents under the
provisions of the Andhra Pradesh Land Reforms (Ceiling of Agricultural
H
814 SUPREME COURT REPORTS [2018] 4 S.C.R.
A Holdings) Act, 1973. In that declaration there was nothing to suggest
that the respondents were holding excess land which would have been
so had the respondents been in possession of 11.10 acres. The learned
Single Judge observed as follows:-
“The contention of Mir Fazeelath Hussain Khan and his heirs that
B since they are in actual physical possession of the land of
Acs.11=10gts in S. No. 1009, even after acquisition by the petitioner,
and so they can make a claim cannot be countenanced because
by the time A.P. Land Reforms (Ceiling on Agricultural Holdings)
Act, 1973 (Act 1 of 1973) and the Urban Land (Ceilings and
Regulation) Act, 1976, came into force Mir Fazeelath Hussain
C rd
Khan, who originally filed the application before the 3 respondent,
was alive, and had filed a declaration under the Act 1 of 1973. He
showed the total area covered by S. Nos. 1009, 1043 to 1065
belonging to him as Acs.1109-92 gts. That extent was deleted
from his holding as it was acquired and by the order dated
D 09-12-1976, vide common order in C.C.Nos.156 to 159/W/75 he
was held to be holding 0.4083 standard holding in excess even
after deleting of an extent of Acs.1109.92 gts in S. Nos. 1009,
1043 to 1065 of Kukatpally village. If Mir Fazeelath Hussain Khan
really was in possession of or was owning any extent over and
above the area acquired by the petitioner either in S. No. 1009 or
E 1043 to 1065, he would have had to surrender that area also,
because even without that area being included in his holding he
was found to be holding land in excess of the ceiling area.”
...........................................
F “So, it is clear that the family of Raisyar Jung was said to be
holding only land to the extent of Acs.349-63 cents in S.No.1007
but not any land in S. No. 1009. This extent of Acs.11-10 gts now
said to be in the possession of unofficial respondents was not
declared by them or their predecessors in the declaration under
Act 1 of 1973. Had Fazeelath Hussain Khan, who filed the petition
G before the District Revenue Officer, or any of the unofficial
respondents or their predecessors-in-title, been in possession of
any extent of land in S. No. 1009 by 01.01.1975 they would have
shown it in their declaration filed under Act 1 of 1973. But they
did not do so. For that reason also the contention of the unofficial
H respondents that they are in possession of some land in S. No.
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 815
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
1009 and that the extent of S. No. 1009 is more than that was A
acquired by the petitioner cannot be believed or accepted.”
34. The learned Single Judge also dealt with the submission on
behalf of the respondents that the APHB had no locus standi to question
the order passed by the Commissioner (Appeals). It was noted that the
APHB was a party to the proceedings before the Commissioner B
(Appeals) and therefore it was entitled to question the adverse order.
Moreover, when the authorities assume jurisdiction which they do not
possess under Section 87 of the Act and pass orders likely to affect the
interests of the APHB, a right accrues to the APHB to question such
orders passed without jurisdiction.
C
35. Since the learned Single Judge concluded that the orders passed
by the District Revenue Officer and the Commissioner (Appeals) were
without jurisdiction, there was obviously no occasion to decide the question
whether the claim filed by the respondents was belated or not.
Proceedings before the Division Bench D
36. Feeling aggrievedth by the judgment and order passed by the
learned Single Judge on 19 April, 2005, writ appeals being W.A. No.
1311 of 2005 and W.A. No. 1781 of 2005 were filed by the respondents
challenging the order passed by the learned Single Judge. By the impugned
th
judgment and order dated 25 September, 2009 the writ appeals were E
allowed by the Division Bench and it is under these circumstances that
the present appeals are before us.
37. The High Court allowed the writ appeals primarily on two
submissions. It was held by the Division Bench that a report of the
survey authorities had confirmed that the area of land in Survey No. F
1009 was more than 661.04 acres. Admittedly, only 661.04 acres had
been acquired out of Survey No. 1009. Therefore, the APHB was entitled
to hold only 661.04 acres while the balance had not been acquired and
therefore the ownership remained with the respondents. According to
the Division Bench, there was a clerical error in the measurement area
of thSurvey No. 1009 and therefore paragraph 5(d) of the Circular dated G
15 October, 1994 was applicable and the authorities were entitled to
correct the calculation error.
38. The second ground given by the Division Bench was with
reference to the provisions of the Andhra Pradesh Land Reforms (Ceiling
on Agricultural Holdings) Act, 1973. In this context, it was held that H
816 SUPREME COURT REPORTS [2018] 4 S.C.R.
A since the respondents were not holding the land, they could not have
made a declaration as envisaged under the provisions of the said Act
and in any event this was hardly of any relevance since Survey No.
1009 indicates that the area of that survey number was greater than
661.04 acres. However, what is of significance is the conclusion arrived
at by the Division Bench that the respondents were not in possession of
B
11.10 acres in Survey No. 1009. Possession of the entire Survey No.
1009 was with the APHB.
Discussion
39. In our opinion, the Division Bench of the High Court has
C seriously erred in setting aside the order of the learned Single Judge.
40. It is quite clear to us that the APHB had acquired, in terms of
th
the Award dated 10 June, 1968 a couple of thousand acres of land
covering a few dozen survey numbers. The entire land was acquired
and in view of the large area of acquisition even if there was some error
D in describing the area of a particular survey number, that would be
inconsequential given the overall acquisition and its purpose for a Housing
Scheme under Section 22A of the Andhra Pradesh Housing Board Act.
41. In addition, it is quite clear from the extracted passages in the
Award, that the entire land in Survey No.1009 was acquired by the
E APHB. There cannot be any doubt in this regard, particularly since the
APHB also took possession of the entire Survey No. 1009.
42. While it is correct that the respondents did submit in their
claim petition under Section 18 of the Land Acquisition Act, 1894 that 11
acres and odd had not been acquired, there was absolutely no reference
F to any survey number in which this 11 acres and odd was located. There
was no clear identification of the land, no boundaries were mentioned
nor was the land ear-marked in any manner and in fact even the exact
measurement was not mentioned. It appears to us that the respondents
were taking a potshot in the dark to somehow or the other retain
possession of some of the acquired land.
G
43. If the respondents were convinced that 11 acres and odd had
not been acquired by the APHB in 1968 it is not understandable why no
follow up action taken by them. They had an option, perhaps, of
proceeding against the APHB for being in wrongful possession of 11
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 817
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
acres and odd owned by the respondents and they certainly had the A
option of moving an application under Section 87 of the Act. The
respondents took neither of these steps on an urgent basis or any other
step that might have been available to them in law.
44. All that the respondents did was to wait for another 25 years
and then move an application under Section 87 of the Act sometime in B
1993. There was no change in the factual situation between 1968 and
1993 except construction having been made by the APHB in pursuance
of its Housing Scheme. The respondents have given absolutely no
explanation for filing an application under Section 87 of the Act after
such an enormous lapse of time. What has been submitted is that there
is no time limit for correcting a clerical error and that being so, the C
respondents cannot be non-suited on the ground of delay and laches.
45. We are not in agreement with the respondents on any aspect
of the case. First of all we agree with the APHB that an accurate picture
of the area in terms of measurement of land in Survey No. 1009 cannot
be fully relied upon after several decades and after construction having D
been made. The records had originally indicated that Survey No. 1009
consists of 666.25 acres and we must proceed on that basis rather than
assume the correctness of a measurement carried out after several
decades.
46. That the unexplained delay in measurement of the area cannot E
be relied upon is also supported by the fact that even the revenue
authorities were not quite sure about the exact area of Survey No.1009.
According to the respondents, 11.10 acres had not been acquired but
according to the revenue authorities the entire area of Survey No.1009
was actually 687.03 acres with the result that 20.18 had not been F
acquired. In view of this discrepancy, we are of opinion that surveys
conducted post the notification under Section 4 of the Land Acquisition
Act cannot be relied upon. We have also noted that it has come on
record that IDL was also in possession of some parts of Survey No.
1009. We must, therefore, accept the fact that the entire Survey No.1009
was acquired by the APHB and possession taken, regardless of its actual G
measurement and the alleged non-acquisition of 11.10 acres is nothing
but a red herring. Consequently, the question of correcting a ‘clerical
error’ with reference to Section 87 of the Act does not arise.
H
818 SUPREME COURT REPORTS [2018] 4 S.C.R.
A A clerical error
47. In any event, it was contended by the respondents that a clerical
error was sought to be corrected in the measurement of the area of
Survey No.1009. It is not clear what the clerical error was. If the
clerical error was that the area of Survey No.1009 was not 661.04 acres
B or 666.25 acres but actually 687.03 acres then the contention is self-
defeating. This is because the area of Survey No.1009 would then have
to be read as 687.03 for all purposes and not 661.04 acres. The
consequence of this correction would be that the acquisition was of
687.03 acres and not of 661.04 acres.
C 48. That apart, the correction of the alleged clerical error does
not give rise to the argument that only 661.04 acres was acquired out of
687.03 acres. If the correction gives rise to an argument or contention,
then it ceases to be the correction of a clerical error but is really the
correction of a substantive error, which does not come within the purview
of Section 87 of the Act.
D
49. Be that as it may, in M/s Tata Consulting Engineers v.
Workmen1 Pathak, J. adverted to a clerical error and held in paragraph
20 of the Report as follows:
“The jurisdiction given to the [Industrial] Tribunal by Rule 31
E [Industrial Disputes (Bombay) Rules, 1957] is closely
circumscribed. It is only a clerical mistake or error which can be
corrected, and the clerical mistake or error must arise from an
accidental slip or omission in the award. An accidental slip or
omission implies that something was intended and contrary to that
intention what should not have been included has been included
F or what should have been included has been omitted. It must be a
mistake or error amenable to clerical correction only. It must not
be a mistake or error which calls for rectification by modification
of the conscious adjudication on the issues involved.”
50. Similarly, a clerical error was discussed in Sooraj Devi v.
G Pyare Lal.2 In paragraph 4 of the Report, reference was made to
Master Construction Co. (P) Ltd. v. State of Orissa3 and it was held
as follows:
1
1980 (Supp.) SCC 627
2
(1981) 1 SCC 500
3
H AIR 1966 SC 1047
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 819
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
“A clerical or arithmetical error is an error occasioned by an A
accidental slip or omission of the court. It represents that which
the court never intended to say. It is an error apparent on the face
of the record and does not depend for its discovery on argument
or disputation. An arithmetical error is a mistake of calculation,
and a clerical error is a mistake in writing or typing.”
B
51. More recently, in Vipinchandra Vadilal Bavishi (Dead) by
Lrs. v. State of Gujarat4 it was held in paragraph 26 of the Report as
follows:
“An arithmetical mistake is a mistake in calculation, while a clerical
mistake is a mistake of writing or typing error occurring due to C
accidental slip or omissions or error due to careless mistake or
omission. In our considered opinion, substituting different lands in
place of the lands which have been notified by a statutory
notification under Sections 10(1), 10(3) and 10(5) [Urban Land
(Ceiling and Regulation) Act, 1976] cannot and shall not be done
by issuing a corrigendum unless the mandatory requirements D
contained in the aforementioned sections is complied with. A
landholder cannot be divested from his land on the plea of clerical
or arithmetical mistake liable to be corrected by issuing
corrigendum.”
th
52. The Circular dated 15 October, 1994 clarifies a clerical error. E
Some examples have been given and one clarification is to the effect
that a clerical error is where the area is calculated wrongly though
measurement on the ground and the records support the correct area.
This clause is sought to be relied upon by the respondents. It must be
appreciated in this case that there is no question of a calculation error F
since no arithmetical error was committed as understood by this Court.
The area of Survey No.1009 was measured and it was found to be
666.25 acres (including the area acquired for Manjeera Water Works
Department). The survey by the Measuring Circle Inspector, the check
by the G.D. Inspector and approved by the Land Record Assistant clearly
indicate this. This was sought to be ‘corrected’ by the respondents by G
claiming that the area of Survey No. 1009 was much more. A calculation
error would be, in a situation such as the present, an error that would
appear on the face of the document or the revenue records, as the case
4
(2016) 4 SCC 531
H
820 SUPREME COURT REPORTS [2018] 4 S.C.R.
A may be. If there is a need to carry out a survey and a re-survey, the
error cannot by any means, be described as a clerical error.
53. What makes the situation worse insofar as the respondents
are concerned is that according to them the error was to the extent of
11.10 acres but on a survey having been conducted, the error was said
B to be to an extent of 20.18 acres. Surely, such a discrepancy cannot be
described as an accidental slip or a clerical mistake or a calculation
error. It can only be described as a major error which ought to have
been rectified at the appropriate time in 1968 when the Award was
passed or soon thereafter. To notice and make much ado about such an
error after at least 25 years cannot be understood as the correction of a
C clerical error.
54. Learned counsel for the respondents referred to K.P. Varghese
v. Income Tax Officer, Ernakulum and Another5 to contend that the
th
Circular dated 15 October, 1994 is a contemporaneous exposition of
the true state of affairs as understood by the revenue authorities
D themselves and if they believed that a ‘clerical error’ ought to be
interpreted in the manner described in the Circular, that interpretation
must be accepted. The following passage was referred to and relied
upon:
“The rule of construction by reference to contemporanea
E expositio is a well-established rule for interpreting a statute by
reference to the exposition it has received from contemporary
authority, though it must give way where the language of the statute
is plain and unambiguous. This rule has been succinctly and
felicitously expressed in Crawford on Statutory Construction,
(1940 Edn.) where it is stated in para 219 that “administrative
F construction (i.e. contemporaneous construction placed by
administrative or executive officers charged with executing a
statute) generally should be clearly wrong before it is overturned;
such a construction, commonly referred to as practical construction,
although non-controlling, is nevertheless entitled to considerable
weight; it is highly persuasive”.
G
55. Similarly, reference was also made to Desh Bandhu Gupta
and Co. v. Delhi Stock Exchange Association Ltd.6 The following
passage was relied upon by learned counsel for the respondents.
5
AIR 1981 SC 1922
6
H AIR 1979 SC 1049
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 821
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
“The principle of contemporanea expositio (interpreting a statute A
or any other document by reference to the exposition it has
received from contemporary authority) can be invoked though
the same will not always be decisive of the question of construction
(Maxwell 12th ed. p. 268).”
56. It is no doubt true that the contemporaneous exposition of a B
document must carry great weight but if that exposition is not in
consonance with the law laid down by the Courts, including this Court,
the exposition would not be relevant. We have made a reference to
several decisions which explain the thmeaning of a clerical error.The view
expressed in the Circular dated 15 October, 1994 particularly clause
5(d) referred to and relied upon by the respondents does not come within C
the four corners of the understanding of the expression clerical error by
this Court if it involves a survey and a re-survey as in this case. Therefore,
no reliance can be placed upon the contemporaneous th
exposition made
by the revenue authorities in the Circular dated 15 October, 1994.
57. We conclude that there was no clerical error in the D
measurement of Survey No.1009 for all intents and purposes and that in
any event, the entire land in Survey No. 1009 was acquired for the
Housing Scheme of the APHB.
Section 87 of the Act and delay in making a claim
E
58. We are also not satisfied with the delay by the respondents in
making a claim under Section 87 of the Act. The contention of the
respondents is that since there is no time limit specified for filing a claim
petition, they could have made a claim at any point of time, particularly
for correcting a clerical error.
F
59. It is now well settled that where no time-limit is specified,
whatever is required to be done should be within a reasonable period.
In Collector v. P. Mangamma7 it was held in paragraphs 5 and 6 as
follows:
“A reasonable period would depend upon the factual circumstances
G
of the case concerned. There cannot be any empirical formula to
determine that question. The court/authority considering the
question whether the period is reasonable or not has to take into
7
(2003) 4 SCC 488 at page 491
H
822 SUPREME COURT REPORTS [2018] 4 S.C.R.
A account the surrounding circumstances and relevant factors to
decide that question.
In State of Gujarat v. Patel Raghav Natha8 it was observed
that when even no period of limitation was prescribed, the power
is to be exercised within a reasonable time and the limit of the
B reasonable time must be determined by the facts of the case and
the nature of the order which was sought to be varied.........”.
Reasonable, being a relative term is essentially what is rational
according to the dictates of reason and not excessive or immoderate
on the facts and circumstances of the particular case.”
C 60. Similarly, in Joint Collector Ranga Reddy District v.
D. Narsing Rao9 the exercise of revisional jurisdiction where no time-
limit is specified was considered and it was held in paragraph 31 of the
Report as follows:
“To sum up, delayed exercise of revisional jurisdiction is frowned
D upon because if actions or transactions were to remain forever
open to challenge, it will mean avoidable and endless uncertainty
in human affairs, which is not the policy of law. Because, even
when there is no period of limitation prescribed for exercise of
such powers, the intervening delay, may have led to creation of
third-party rights, that cannot be trampled by a belated exercise
E of a discretionary power especially when no cogent explanation
for the delay is in sight. Rule of law it is said must run closely with
the rule of life. Even in cases where the orders sought to be revised
are fraudulent, the exercise of power must be within a reasonable
period of the discovery of fraud. Simply describing an act or
F transaction to be fraudulent will not extend the time for its
correction to infinity; for otherwise the exercise of revisional power
would itself be tantamount to a fraud upon the statute that vests
such power in an authority.”
61. Finally in Basanti Prasad v. Chairman, Bihar School
G Examination Board10 it was pointed out where third party rights are
likely to be affected, the courts decline to interfere but if there is a
necessity to interfere then the aggrieved person should be heard on merits.
8
(1969) 2 SCC 187
9
(2015) 3 SCC 695
10
(2009) 6 SCC 791
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 823
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
62. Insofar as the facts of the present case are concerned, the A
claim made under Section 87 of the Act was after a period of at least 25
years. This can hardly be described as a reasonable period. There is no
explanation for the inordinate delay and to make matters worse, third
party interests have been created through a Housing Scheme developed
on the land in dispute or in any event on the surrounding land. After a
B
further lapse of 25 years it is not possible to put the clock back, even if
there is any reason to do so, which reason we cannot even visualise in
this case.
Locus standi
63. It was submitted by learned counsel for the respondents that C
the APHB has no locus standi to raise any dispute with regard to the
measurement of Survey No.1009. We are not at all in agreement with
this submission. A tract of land measuring 11.10 acres out of Survey
No.1009 was sought to be taken away from the APHB which had
announced a Housing Scheme under Section 22A of the Andhra Pradesh
Housing Board Act, 1956 and third party rights had also been created in D
this regard. The primary responsibility of protecting the interests of the
beneficiaries of the Housing Scheme was that of the APHB and surely
it cannot be said under these circumstances that the APHB had no locus
standi to participate in the proceedings. In fact, even the revenue
authorities recognised the locus of the APHB in the order dated 15 th E
September, 1997. The Commissioner of Survey, Settlements and Land
Records, Hyderabad directed the th
District Revenue Officer to take action
in terms of the Circular of 15 October, 1994 but before passing any
orders under Section 87 of the Act, it was directed that the APHB should
be heard. We therefore reject the contention that the APHB had no
locus standi in the matter. F
Interference on facts
64. The final submission of learned counsel for the respondents
was that the revenue authorities had come a factual conclusion in their
favour and the High Court ought not to have interfered with the factual G
conclusions and even this Court ought not to interfere with the factual
conclusions arrived at by the revenue authorities. In our opinion, the
revenue authorities had completely misdirected in law in reopening a
factual issue that had been settled way back in 1968 if not earlier and
H
824 SUPREME COURT REPORTS [2018] 4 S.C.R.
A there was no occasion for reopening that factual issue after a lapse of at
least 25 years. That being the position, it cannot be said that the courts
are precluded from interfering in a matter of determination of facts when
the authorities have completely misdirected themselves in law and
exercised jurisdiction which did not vest in them. We therefore also
reject this submission of the respondents.
B
Conclusion
65. To conclude, therefore, we hold that the entire Survey No.
1009 was acquired by the APHB for a Housing Scheme. No parcel of
land in Survey No. 1009 was left out or not acquired. Compensation
C was paid for acquisition of the entire Survey No.1009. The Division
Bench of the High Court erred in concluding that 20.18 acres of land in
Survey No. 1009 had not been acquired.
66. We also hold that it is too simplistic on the part of the
respondents to contend that land in excess of 661.04 acres in Survey
D No. 1009 was not acquired. This is certainly not so and the entire Survey
No. 1009 was acquired. The submission in this regard is rejected.
67. We also hold that the claim made by the respondents under
Section 87 of the Act was hopelessly delayed for which there is absolutely
no explanation forthcoming. In addition, we hold that since third party
E rights have been created in the meanwhile under the Housing Scheme
of the APHB and there is no way to put the clock back. The respondents
ought to have been vigilant in pursuing their claim, assuming the claim
was legitimate, but since they were not vigilant enough, they must suffer
the consequences of their inaction.
F
68. We also hold that the proceedings under the Andhra Pradesh
Land Reforms (Ceiling of Agricultural Holdings) Act, 1973 were of some
consequence but since the APHB has not relied upon the proceedings
under the said Act and learned counsel has only mentioned it in passing,
we do not intend to base our decision on the declaration made by the
G respondents under the said Act.
69. We also hold that the APHB was directly and primarily affected
by the claim made by the respondents under Section 87 of the Act and
therefore had the locus standi to proceed before the Commissioner
(Appeals), the High Court and this Court.
H
TELANGANA HOUSING BOARD v. AZAMUNNISA BEGUM 825
(DIED) THRU. LRS.& ORS. [MADAN B. LOKUR, J.]
70. In view of the above conclusions, the judgment and order A
passed by the Division Bench is set aside and the appeals filed by the
Telangana Housing Board are allowed. No costs.
Nidhi Jain Appeals allowed.
B
C
D
E
F
G
H
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