Case Note & Summary
The case involved an appeal by Arya Samaj Mandir against the Union of India and others. The Supreme Court addressed the procedural fairness in the context of the impugned order, which was passed without providing the appellant an opportunity to be heard. The court noted that such a lack of hearing rendered the order unsustainable. Consequently, the court set aside the impugned order and directed the appellant to file a counter affidavit in the writ petition before the High Court within four weeks. The court also allowed the writ petitioners and the Municipal Corporation of Delhi (MCD) to file their rejoinders within two weeks thereafter. Furthermore, the court requested the High Court to expedite the disposal of the matter. The appeal was disposed of with these observations and directions.
Headnote
A) Administrative Law - Right to be Heard - Procedural Fairness - Not applicable - The order was set aside due to the absence of an opportunity for the appellant to present their case - The court emphasized the necessity of a fair hearing before passing orders affecting rights - Held that the impugned order could not be sustained (Paras Not mentioned).
Issue of Consideration
Whether the impugned order was sustainable given the lack of opportunity for the appellant to be heard.
Final Decision
The Supreme Court set aside the impugned order due to the lack of a hearing for the appellant and directed the High Court to expedite the matter.
Law Points
- Right to be heard
- Procedural fairness
