P.C.R.A v. B.M.C. and Anr.
Case brief
What is this about?
High Court set aside a penalty demand notice of one crore imposed by Bhubaneswar Municipal Corporation on PCRA for illegal kiosks due to violation of natural justice, directing the authority to grant an opportunity of hearing before issuing any fresh notice.
What did the court decide?
Set aside the demand notice dated 3rd February, 2018; directed BMC to grant an opportunity of hearing to the petitioner before issuing a fresh demand.
What the court decided
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3292 of 2018
Petroleum Conservation Research Association (PCRA), represented through its SRO-cum-Additional Director Debasis Ransingh
…. Petitioner
Ms. S. Priyadarshini on behalf of Mr. A. Sathpathy, Advocate
-versus-
Bhubaneswar Municipal Corporation, …. represented through its Commissioner Opposite Parties and Another
Mr. Bibhudhendra Dash counsel for BMC
CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER
14.8.2024
Order No.
- The matter is taken up through hybrid mode.
Issues for consideration
2 issues framed by the court
Whether a penalty notice imposing a package of one crore on the petitioner for illegal kiosks could be set aside for violation of natural justice as no opportunity of hearing was granted.
Whether the petitioner is entitled to an opportunity of hearing before the Municipal Corporation issues a fresh demand notice for the alleged unauthorized erection of kiosks.
Parties & counsel
- petitioner
Petroleum Conservation Research Association (PCRA)
- respondent
Bhubaneswar Municipal Corporation
Coram
B. P. Routray
Case details
As recorded by the court registry
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