Bombay High Court?stops recovery of dues in 47-year-old case

The Bombay high court has struck down the proceedings initiated by revenue officials for recovery of 47-year-old dues of Rs1.86 lakh from legal heirs of a deceased government contractor. A?division bench of justices SC Dharmadhikari and Bharati Dangre pulled up the revenue department under the suburban district collector for harassing the family of the deceased contractor, Maqbool Chohan, who executed a construction project in Mumbai in 1969-70. According to the revenue department’s counsel, Chohan failed to pay a penalty of Rs1.86 lakh against defects in the reinforced cement concrete (RCC)?and brick work. In giving relief to the contractor’s family, the high court relied on principles laid down by the Supreme Court over recovery of revenue arrears. The Apex Court observed that penalties should be fixed, depending on the extent of construction defects. The high court also said the revenue department did not give proper hearing to the contractor, hence undermining principles of natural justice. The heirs of the contractor – who passed away in 1976 – had approached the high court in 2002 after the revenue department issued notices, and moved to attach and sell movable and immovable properties.

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