Case Note & Summary
The petitioners, Bharat Kanakia and Rajendra Shah, along with others, filed a writ petition before the Bombay High Court challenging an order dated 16th September 2005 passed by the Chief Officer of the Mumbai Building Repairs and Reconstruction Board (a unit of MHADA). The impugned order cancelled the No Objection Certificate (NOC) bearing No.R/NOC/F-435/1557/MBRRB-05, which had been issued in favour of the petitioners. The petitioners contended that the order was passed without giving them any opportunity of hearing, thereby violating the principles of natural justice. The respondents included the Mumbai Building Repairs and Reconstruction Board, MHADA, and several individuals, including Mukund R. Dave and others, who were the Dave Brothers. The court, after hearing the parties, observed that the order cancelling the NOC was quasi-judicial in nature and could not be passed without affording a hearing to the affected parties. The court held that the order was unsustainable in law and liable to be quashed. Consequently, the court allowed the writ petition, set aside the impugned order, and directed the Board to decide the matter afresh after giving an opportunity of hearing to all concerned parties. The rule was made absolute accordingly.
Headnote
A) Administrative Law - Principles of Natural Justice - Cancellation of NOC - Right to be Heard - The Chief Officer of the Mumbai Building Repairs and Reconstruction Board cancelled the NOC issued in favour of the petitioners without giving them an opportunity of hearing. The court held that such an order, being quasi-judicial in nature, could not be passed without complying with the principles of natural justice. The order was quashed and set aside. (Paras 1-3) B) Housing Law - Maharashtra Housing and Area Development Act, 1976 - No Objection Certificate - Cancellation - The Board's order cancelling the NOC was challenged on the ground that it was passed without jurisdiction and in violation of natural justice. The court found that the order was unsustainable as it affected the rights of the petitioners without hearing them. (Paras 1-3)
Issue of Consideration
Whether the order cancelling the No Objection Certificate (NOC) issued by the Mumbai Building Repairs and Reconstruction Board was validly passed without affording an opportunity of hearing to the petitioners.
Final Decision
The court allowed the writ petition, quashed and set aside the impugned order dated 16th September 2005, and directed the Board to decide the matter afresh after giving an opportunity of hearing to all concerned parties. Rule made absolute.
Law Points
- Principles of Natural Justice
- Right to be Heard
- Cancellation of No Objection Certificate
- Maharashtra Housing and Area Development Act
- 1976
