Case Note & Summary
The petitioners, Subhash Ramrao Jadhav, Khanderao Ramrao Jadhav, and Omprakash Ramrao Jadhav, are owners of lands bearing CTS Nos. 10908, 10909, 10910, 10912 and 10 situated in Nanded. They filed a writ petition challenging the action of the Nanded Waghala Municipal Corporation (Respondent No. 3) in issuing a notice for demolition of alleged unauthorized construction on their land without affording them an opportunity of hearing. The petitioners contended that the Corporation acted arbitrarily and in violation of principles of natural justice. The respondents, including the State of Maharashtra and the District Collector, Nanded, opposed the petition. The court, after hearing the parties and the amicus curiae, held that the principles of natural justice must be followed before any coercive action of demolition is taken. The court directed the Municipal Corporation to give a notice to the petitioners and hear them before proceeding with the demolition. The writ petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Demolition of Unauthorized Construction - Right to Hearing - Section 53 Maharashtra Regional and Town Planning Act, 1966 and Section 260 Maharashtra Municipal Corporation Act, 1949 - The petitioners, owners of land, challenged the demolition notice issued by the Municipal Corporation without giving them an opportunity of hearing. The court held that principles of natural justice require that before any coercive action of demolition, the affected party must be given a notice and an opportunity to show cause. The court directed the Corporation to hear the petitioners before taking any further action. (Paras 1-5)
Issue of Consideration
Whether the petitioners, as owners of the land, are entitled to a notice and hearing before the Municipal Corporation demolishes the alleged unauthorized construction under the Maharashtra Regional and Town Planning Act, 1966 and the Maharashtra Municipal Corporation Act, 1949.
Final Decision
Writ petition allowed. The Municipal Corporation is directed to give notice to the petitioners and hear them before taking any further action for demolition. No order as to costs.
Law Points
- Natural justice
- Right to hearing
- Demolition of unauthorized construction
- Section 53 Maharashtra Regional and Town Planning Act
- 1966
- Section 260 Maharashtra Municipal Corporation Act
- 1949
