The court disposed of this writ petition by directing the Berhampus Municipal Corporation not to demolish the petitioner's building without following the due process of law mandated by a prior order and the Municipal Act.
Directed Berhampur Municipal Corporation not to carry out demolition without following due process of law.
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W.P.(C) No.17597 of 2016
05.10.2016
Heard Mr.S.K.Mishra, learned counsel for the petitioners and Mr.S.Dash, learned Additi
onal Standing Counsel.
In this writ application, the petitioner seeking a direction to the Opp.party No.2- Be
rhampur Municipal Corporation not to take any coercive action against him, challenged the ille
gal action of marking a portion of his property for demolition by the Opp. parties.
During course of argument, Mr.Mishra, learned counsel for the petitioner brought to th
e notice of this Curt that there was an attempt of the Opp. parties for demolition of the peti
tioners building and apprehending demolition, the petitioner had earlier approached this Court
in WP(C) No.18105 of 2010. Said writ petition was disposed of after hearing both parties with
a direction to the Berhampur Municipal Corporation to dispose of the representation of the pe
titioner within a period of one month preferably by January,2011 and for that period, there sh
all be no coercive action against him.
In filing the present writ petition, the petitioner asserts that the direction of this
Court in the said writ petition is yet to be complied with. In the mean time Berhampur Munici
pal Corporation once again attempted to interfere with the building of the petitioner and they
have already put a cross mark over the building.
Considering the submission of learned counsel for the petitioner and looking to the ob
servation of this Court made in disposal of the WP(C) No.18105 of 2010 and further looking to
the provisions of Municipal Act particularly the requirements of law before any demolition or
eviction, this Court disposes of this Writ petition with a direction that in the event the o
rder of this Court in WP(C) No.18105 of 2010 is yet to be complied with, then the Berhampur Mu
nicipal Corporation shall look into the matter following the direction contained in the order
passed in WP(C)18105 of 2010 along with the request made in the mean time vide Annexures-8 an
d 10 and there shall be no demolition without following due process of law till a decision is
taken in the matter.
The writ application is accordingly disposed of with the observation and direction mad
e hereinabove..
Issue urgent certified copy of this order as per rules.2
2 issues framed by the court
Whether the Berhampur Municipal Corporation can take coercive action including demolition when a prior order remains uncomplied with.
Whether demolition can proceed without following the due process of law mandated by the prior order and the Municipal Act.
1 provisions across 1 enactments
Petitioner
Berhampur Municipal Corporation
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court