Summary
The High Court granted land purchasers relief concerning an acquisition without considering a pending appeal by their predecessor challenging the same notifications. To avoid conflicting decisions, the Court set aside that judgment solely for a joint rehearing. Both appeals were remanded for decision together, preferably within six months of receipt of the order, with all merits expressly left open.
Issues
- Whether related appeals challenging the same acquisition should have been decided together to avoid conflicting orders.
Held
- The predecessor’s pending appeal concerned the same acquisition and notifications under Sections 4 and 6. The High Court overlooked it when independently granting relief in the purchasers’ appeal. Judicial propriety and avoidance of conflicting orders required a joint hearing. (¶ 3-4)
- The Division Bench judgment was set aside solely to enable joint consideration of Writ Appeals 392 and 447 of 2009. The Court expressed no view on either side’s merits, and the remand court was not to be influenced by the set-aside judgment. (¶ 5-6)
- The High Court was requested to dispose of both appeals at the earliest, preferably within six months from receipt of this order. All concerned were directed to cooperate. (¶ 6)
Result
Appeal allowed to the extent of remand. High Court judgment set aside solely for joint rehearing of both related appeals on merits, preferably within six months of receipt of the order. No costs.