AIR 1998 DELHI 259 ::(1998) BankJ 623 ::(1998) 72 DLT 355 ::(1998) 3 RecCivR 146 ::(1998) 93 ComCas 89 ::(1998) 45 DRJ 386 ::(1999) 1 BankLJ 309

Delhi High Court

Hon'ble Judge(s): Y. K. Sabharwal, D. K. Jain , JJ

(A) State Financial Corporations Act (63 of 1951) , S.32G— Recovery of dues as arrears of land revenue - Procedure not prescribed - Not a ground for not invoking S. 32-G. The plea that without prescribing procedure for recovery of dues as arrears of land revenue, S. 32-G cannot be invoked and given effect to would not be tenable. The absence to specify procedure by making appropriate rule or regulation cannot nullify the legislative intent. The statutory provision cannot be held to remain a dead letter till such time the procedure is prescribed, in the absence of clear words in the Act which may show such an intention on the part of Legislature. Under the Act the procedure is to be prescribed by either State Government framing the rule or Board framing requisite regulations. The provisions in the Act do not show operation of S. 32-G would depend upon the action of the State Government or the Board and on account of their inaction, the legislative intent would remain in abeyance. In absence of the procedure being prescribed, the authority under S. 32-G would be required to follow and apply such procedure which is just, fair and reasonable and is in consonance with the principles of natural justice. (Para 12) Although more than a decade has passed when S. 32-G was incorporated the procedure requi....