Case Note & Summary
The petitioner, a mine owner and exporter of mineral ore, challenged three orders dated 9th June 2004 issued by the Chief Officer of Curchorem-Cacora Municipal Council (respondent No.2) revoking three no objection certificates (NOCs) all dated 27th May 2004, which had been granted to the petitioner for three different purposes. The petitioner contended that the respondent No.2 could not have withdrawn the NOCs without giving a show cause notice, relying on settled law by the Apex Court. The respondent's counsel fairly conceded this legal position. The court, after hearing both sides, held that the revocation without show cause notice was unsustainable and quashed the impugned orders. The court directed that the NOCs shall be treated as subsisting, but clarified that the respondents are at liberty to take appropriate action in accordance with law after giving due show cause notice to the petitioner. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Revocation of No Objection Certificate - Show Cause Notice - Once a no objection certificate is granted by an authority, it cannot be revoked without giving a show cause notice to the grantee, as per settled law by the Apex Court. The court held that the impugned orders revoking the NOCs without notice were unsustainable and quashed them. (Paras 2-4)
Issue of Consideration
Whether a no objection certificate granted by an authority can be revoked without giving a show cause notice to the grantee.
Final Decision
The petition is allowed. The impugned orders dated 9th June 2004 are quashed and set aside. The NOCs dated 27th May 2004 shall be treated as subsisting. However, the respondents are at liberty to take appropriate action in accordance with law after giving due show cause notice to the petitioner. Rule made absolute. No order as to costs.
Law Points
- Natural Justice
- Show Cause Notice
- Revocation of No Objection Certificate
- Audi Alteram Partem
