Case Note & Summary
The petitioners, five individuals, filed a writ petition challenging a demolition notice issued by the Municipal Council, Kinwat, under Section 52 of the Maharashtra Regional and Town Planning Act, 1966. The notice directed the petitioners to demolish certain structures on their property within 24 hours. The petitioners contended that the notice was issued without any prior show cause notice or opportunity of hearing, violating principles of natural justice. The respondents argued that the notice was valid and in accordance with law. The court, after hearing the parties, held that the demolition notice was unsustainable as it was issued without affording the petitioners an opportunity of being heard. The court emphasized that the principles of natural justice are fundamental and must be followed before any adverse action is taken. The court quashed the notice and directed the respondents to follow the proper procedure under the MRTP Act if they wished to proceed further. The writ petition was allowed.
Headnote
A) Town Planning - Demolition Notice - Natural Justice - Section 52 Maharashtra Regional and Town Planning Act, 1966 - The court considered whether a demolition notice under Section 52 of the MRTP Act could be issued without affording the affected party an opportunity of hearing. Held that the principles of natural justice require that before any adverse action is taken, the person likely to be affected must be given a reasonable opportunity of being heard. The notice was quashed as it was issued without any show cause notice or hearing. (Paras 1-5) B) Town Planning - Section 52 MRTP Act - Compliance with Statutory Procedure - The court examined the requirement of following the procedure under Section 52 of the MRTP Act before ordering demolition. Held that the authority must strictly comply with the statutory provisions, including issuing a notice and considering objections. The impugned notice was set aside for non-compliance. (Paras 1-5)
Issue of Consideration
Whether the demolition notice issued under Section 52 of the Maharashtra Regional and Town Planning Act, 1966 without giving an opportunity of hearing to the petitioners is sustainable in law.
Final Decision
The writ petition is allowed. The impugned demolition notice is quashed and set aside. The respondents are at liberty to proceed in accordance with law after following the proper procedure under the MRTP Act.
Law Points
- Natural justice
- Right to be heard
- Section 52 Maharashtra Regional and Town Planning Act
- 1966
- Demolition notice
- Show cause notice
- Opportunity of hearing
