The High Court held that demolition notices issued without a prior explanation or hearing violate natural justice. The notices were treated as show cause notices, granting petitioners three weeks to reply before any final action is taken.
Impugned notices treated as show cause notices; petitioners granted three weeks to file reply.
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Court No. - 21
Case :- WRIT - C No. - 16652 of 2022
Petitioner :- Ajij And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap,Akshay Kumar Shukla Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Chandra Kumar Rai,J.
The instant writ petition has been filed praying for quashing of demolition notices dated 30.04.2022 issued by respondent no.4 calling upon the petitioners to remove their constructions, which are alleged to have been built illegally over the government property, i.e., Bada Talab. The petitioners have been granted 15 days time to remove their constructions, failing which, action under the provisions of the Nagar Palika Adhiniyam, 1916 is proposed to be taken against them.
The submission of learned counsel for the petitioners is that the petitioners are having their Abadi over the subject land since more than hundred years and that it is not part of any pond. It is further submitted that without any notice or opportunity of hearing the petitioners have been asked to remove their constructions and, consequently, the entire exercise is in breach of principles of natural justice.
Learned counsel for the respondent no. 4, Sri J.B. Singh is not in a position to dispute that before issuing impugned notice, no explanation was sought from the petitioners nor they were heard.
Having regard to the above factual position, we provide that the impugned demolition notices shall be treated to be show cause notice. The petitioners will have three weeks' time from today to file their reply to the impugned notices. The fourth respondent shall, thereafter, pass a speaking order taking into consideration the reply, if any, submitted by the petitioners.
It is clarified that in case reply is not submitted by any of the petitioners within three weeks from today, the impugned notices will become absolute and it shall be open to the respondents to effectuate the notice and take further action in accordance with law. In cases, where replies are filed, the impugned notices will remain in abeyance and will abide by the decision that would be taken by respondent no. 4 on the representation/objection filed
by the petitioners.
Accordingly, the petition stands disposed off . Order Date: - 9.6.2022 CS/-
(Chandra Kumar Rai,J.) (Manoj Kumar Gupta,J.)
Digitally signed by CHANDAN SINGH Date: 2022.06.13 10:29:43 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether demolition notices issued without a hearing are valid or must be treated as show cause notices.
Whether the principle of natural justice requires the petitioners to be given an opportunity of hearing before demolition.
Whether the High Court should quash the notices or provide an opportunity of hearing to the claimants.
Ajij And Another
State Of U P
3 Others
Manoj Kumar Gupta
Chandra Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
