- —section 48-A—Establishment of Appellate Tribunal—Jurisdiction of—appeals from orders made by Board—regarding allotment, cancellation and revision of plots—amended provision given effect from 10.11.2013—writ petitions filed in 2008 and 2009—order impugned in writ petition not passed by the Board—provisions of amended section do not apply—High Court has jurisdiction to adjudicate writ petitions—Appellate Tribunal does not—Held: cases remanded to High Court to decide writs on merit. After going through the amended section, it appears that the appellate Tribunal has jurisdiction only to adjudicate upon the appeal from the orders made by the Board, regarding allotment, cancellation and revision of plots and matter relating thereto, whereas, the proposition involved in the cases is quite different. After going through the memo of the writ petitions, it appears that the orders impugned before the High Court have not been passed by the Board, therefore, the provisions of amended section were not applicable in the cases in hand. Even otherwise, the provisions of the amended law relied upon by the High Court were also not part of the statute at the time of filing of the writ petitions, which has been given effect from 10.11.2013, whereas, admittedly, all the writ petitions were filed in the years 2008 and 2009. Thus, it is clear that the amended law was not holding the field at the time of filing of the writ petitions. Therefore, the writ petitions cannot be disposed of on the strength of law which was not in existence at the time of filing of the writ petitions. Arshad Mehmood v. M.D.A & others 2017 SCR 992 (A)
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