Case Note & Summary
The petitioner, Gopal Agrawal, had been operating firecracker shops/godowns on Survey No.86 at Mouza Shirajgaon, Khamgaon, Buldana since 1997 pursuant to a no objection certificate (NOC) granted by the Additional District Magistrate on 17.03.1997 under the Explosives Act, 1884. On 10.10.2018, respondent no.3, Narendra Joshi, filed an application before the District Magistrate alleging that the petitioner was carrying on business in breach of conditions. Without issuing any show cause notice or affording an opportunity of hearing to the petitioner, the District Magistrate and Collector, Buldana passed an order on 18.11.2020 cancelling the NOC. The petitioner's appeal before the Divisional Commissioner, Amravati was dismissed on 07.06.2021, and the Commissioner further directed action under Sections 44 and 45 of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Conversion of use of Land and Non-Agricultural Assessment) Rules, 1969. The petitioner challenged both orders by way of writ petition. The High Court observed that the orders were passed in gross violation of principles of natural justice as no opportunity of hearing was given to the petitioner before cancellation. The court set aside both orders and remitted the matter back to the District Magistrate for fresh consideration after affording an opportunity of hearing to all concerned parties. The court also directed that the petitioner be allowed to continue his business in the meantime, subject to compliance with all statutory requirements.
Headnote
A) Administrative Law - Natural Justice - Cancellation of No Objection Certificate - Opportunity of Hearing - The District Magistrate cancelled the NOC granted to the petitioner for storage and sale of explosives without issuing any show cause notice or affording hearing. The Divisional Commissioner confirmed the cancellation without hearing the petitioner. Held that such orders are in gross violation of principles of natural justice and cannot be sustained. (Paras 2-6) B) Explosives Act, 1884 - No Objection Certificate - Cancellation - Procedure - The Act does not exclude application of natural justice. Any cancellation of a NOC must be preceded by a notice and opportunity of hearing to the affected party. (Paras 2-6) C) Maharashtra Land Revenue Code, 1966 - Sections 44 and 45 - Conversion of Land Use - The Divisional Commissioner directed action under these provisions without hearing the petitioner. Held that such direction is also vitiated for want of natural justice. (Paras 2-6)
Issue of Consideration
Whether the orders cancelling the no objection certificate and confirming such cancellation are sustainable in law when passed without affording an opportunity of hearing to the petitioner.
Final Decision
The High Court allowed the writ petition, set aside the orders dated 18.11.2020 and 07.06.2021, and remitted the matter to the District Magistrate for fresh consideration after affording an opportunity of hearing to all concerned parties. The petitioner was permitted to continue business in the meantime subject to compliance with statutory requirements.
Law Points
- Natural justice
- opportunity of hearing
- cancellation of no objection certificate
- Explosives Act 1884
- Maharashtra Land Revenue Code 1966
- Maharashtra Land Revenue (Conversion of use of Land and Non-Agricultural Assessment) Rules 1969
