Case Note & Summary
The Municipal Corporation of Thane filed a writ petition seeking to quash an order dated 2.9.1992/25.9.1992 passed by the Minister (Urban Development) in an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. The appeal was filed by Respondent Nos.1, 2, and 3, who are the nephew, wife, and son of one Shamcharan Jagrup Tripathi. The property in question, C.T.S. No.2, Tika No.7, Thane, was originally co-owned by Respondent No.1 (now deceased) and Shamcharan (deceased) with equal shares. Respondent Nos.2 and 3 are heirs of Shamcharan. Respondent No.5 claims to have purchased the property from Respondent Nos.2 and 3 on 23.8.1991, and Respondent No.6 claims to have acquired the interest of Respondent No.1 on 8.2.1993. The property was reserved as a picnic spot under the Development Plan of 1974. A notification under Section 4 of the Land Acquisition Act was issued on 11.6.1966 but was cancelled by a notification dated 12.9.1976. As no steps were taken to acquire the property, Respondent No.1 issued a notice dated 16.12.1988 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The Minister allowed the appeal and directed the Corporation to acquire the property or release it. The Corporation challenged this order on the ground that it was not heard before the order was passed. The High Court found that the Corporation was a necessary party and was not given an opportunity of being heard. The Court held that the order was vitiated by violation of natural justice and set it aside, remanding the matter to the Minister for a fresh hearing after giving all parties an opportunity to be heard. The Court did not express any opinion on the merits of the case.
Headnote
A) Town Planning - Appeal under Section 47 - Natural Justice - Remand for Fresh Hearing - The Minister passed an order in an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 without hearing the Municipal Corporation, which was a necessary party. The High Court held that the order was vitiated by violation of natural justice and remanded the matter to the Minister for a fresh hearing after giving all parties an opportunity to be heard. (Paras 1-6)
Issue of Consideration
Whether the Minister's order dated 2.9.1992/25.9.1992 under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 was vitiated by violation of principles of natural justice as the petitioner was not heard.
Final Decision
The High Court allowed the petition, set aside the Minister's order dated 2.9.1992/25.9.1992, and remanded the matter to the Minister for a fresh hearing after giving all parties an opportunity to be heard. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Remand for fresh hearing
- Section 47 Maharashtra Regional and Town Planning Act 1966
