Writ petition challenging demolition threat was disposed at admission stage. Court directed respondents not to evict or demolish structures without adhering to due process of law.
Respondents not to take coercive steps of evicting petitioners or demolishing structures without following due process of law.
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THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR RIT PETITION No. 23300 of 2016
ORDER:
Heard learned counsel for the petitioners and learned Standing counsel for MunicipalCorporation. With the consent of both sides, the Writ Petition is disposed of at the admission stage.
The present Writ Petition came to be filed seeking to declare the action of the 1st respondent in undertaking to demolish the houses of petitioners.
The grievance of the petitioners is that without giving any notice and without following due process of law, the first respondent officials came and made marks on the house of the petitioners with a view to demolish the houses for road widening.
Learned Standing Counsel for respondents submits that if the aforesaid land is required for the purpose of road widening, the respondents will follow due process of law either for evicting the petitioners or demolishing the structures raised therein.
Recording the statement made by the learned Standing Counsel, the Writ Petition is disposed of directing the respondents not to take any coercive steps of either evicting the petitioners or demolishing the structures without following due process of law. No order as to costs.
Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
______________________ JUSTICE C.PRAVEEN KUMAR
15.07.2016 kvrm
1 issue framed by the court
Whether authorities should be restrained from undertaking demolition of petitioners' houses for road widening without following due process of law.
PETITIONERS
MUNICIPAL CORPORATION
C. PRAVEEN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
