"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

The Jammu and Kashmir High Court recently observed that the "Useless Formality Theory" would be relevant in cases where a party's case lacks substance or chances of success are slim, and applying natural justice principles would not change the outcome.The Bench comprising Justice Javed Iqbal Wani clarified that even in such cases, taking recourse to a post-decisional hearing can fix procedural flaws and ensure fairness.“Where the Court thinks that the case of the party is not one of “real substance” or that there is no substantial possibility of his success or that the result will not be different even if the principles of natural justices are followed. Even in a given case covered by the aforesaid Useless Formality Theory, Post-Decisional Hearing has also got evolved, providing that a Post-Decisional Hearing can obliterate the procedural deficiency of pre-decisional hearing.” BACKGROUND FACTSThe case revolved around a dispute between two parties over a plot of land in the Hyderpora area of Srinagar. The Petitioner claimed ownership and lawful possession of a piece of land, while the Respondent asserted its right to the same land. The Respondent had previously filed a petition alleging encroachment on its land and sought action under the J&K Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act. The Court's decision in that writ petition led to the passing of orders by Deputy Commissioner Srinagar directing the initiation of action to take over the land in question.The Petitioner challenged the orders passed by the authorities, asserting that the principles of natural justice were violated as the Respondent had not impleaded them as a party to the initial writ petition, leading to a decision being obtained unfairly. Further, the demarcation of the land and subsequent orders were procedurally flawed.HIGH COURT VERDICTDelving into the complexities of the case, the Court highlighted the evolving nature of the principles of natural justice and observed how these principles have adapted to various scenarios, including the 'Doctrine of Useless Formality Theory' which recognizes that in some cases, providing a post-decisional hearing can compensate for any procedural deficiencies in pre-decisional hearings.The Court acknowledged that while the Petitioner's claim of violation of natural justice were raised, the absence of evidence indicating a different outcome if they were involved in the demarcation process meant that the doctrine of Useless formality stood attracted to the case at hand. However, emphasising the significant nature of another doctrine of 'Post-decisional Hearing' the bench referred to Charan Lal Sahu etc. etc.vs. Union of India and Ors., 1990 (1) SCC 613, and maintained that a Post-Decisional Hearing can obliterate the procedural deficiency of pre-decisional hearing.The Court has directed the Deputy Commissioner of Srinagar to provide the Petitioner with a post-decisional hearing, allowing them to present their case and evidence. The hearing is to be conducted within four weeks and till then Impugned Orders have been stayed. Case Title: Noor Illahi Fakhtoo vs UT of J&K and Ors.Citation: 2023 LiveLaw (JKL) 225Case No.: WP(C) No. 3379/2019Counsel For Petitioners: Mr. A. Haqani, Sr. Advocate with Mr. Asif, Advocate.Counsel For Respondents: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Adv. for R-1-4. Mr. Salih Pirzada, Adv. for R-5.Click Here To Read/Download Judgment

"Useless Formality Theory": J&K High Court Says Post-Decisional Hearing Can Remove Procedural Deficiency Of Pre-Decisional Hearing

Basit Amin Makhdoomi

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