The average Supreme Court dismissed a modification petition alleging violation of natural justice due to lack of notice. The Court held that the original order directed a survey and notice to all encroachers, was not restricted to the applicant, and thus disposal was proper.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.M.P.No.22048 of 2023 in W.P.No.7821 of 2023
W.M.P.No.22048 of 2023 in Writ Petition No.7821 of 2023
THE HON'BLE CHIEF JUSTICE and
D.BHARATHA CHAKRAVARTHY, J.
(Order of the Court was made by the Hon'ble Chief Justice)
The applicant seeks modification of the order dated 15.03.2023 passed in W.P.No.7821 of 2023.
that this Court, while passing the order under modification, did not issue notice to the present applicant though the present applicant was the fifth respondent in the writ petition. Learned Senior Counsel submits that in fact, about 500 buildings are abutting the seashore, but only the present applicant is singled out. According to the learned Senior Counsel, the minimum principles of natural justice are required to be adhered while passing the order under modification.
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W.M.P.No.22048 of 2023 in W.P.No.7821 of 2023
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W.M.P.No.22048 of 2023 in W.P.No.7821 of 2023
original writ petitioner is also an encroacher, the Government is supposed to remove the said encroachment. The Government cannot single out a particular person as an encroacher and is at liberty to remove the encroachment, as may be permissible under law.
applicant may avail the same.
7 . In view of that, the present petition stands disposed of.
There will be no order as to costs.
(S.V.G., CJ.) (D.B.C.,J.) 13.10.2023
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W.M.P.No.22048 of 2023 in W.P.No.7821 of 2023
THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.M.P.No.22048 of 2023 in W.P.No.7821 of 2023
13.10.2023
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2 issues framed by the court
Whether the applicant was properly served notice as he was singled out in the order without specific conclusion of encroachment.
Whether withholding notice to the applicant while directing surveys and removal of encroachments violates principles of natural justice.
Present Applicant
State Government
S.V.G.
D. BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
