Case Note & Summary
The petitioners filed two writ petitions challenging the demolition of their structures by the Nagar Panchayat, Shirdi, under the Maharashtra Regional and Town Planning Act, 1966. The petitioners claimed that they had constructed the structures after obtaining permission from the Gram Panchayat, but the Nagar Panchayat subsequently issued notices under Section 53(1) of the MRTP Act and demolished the structures without giving them an opportunity of hearing. The respondents contended that the constructions were unauthorized and that Section 52 of the MRTP Act does not require any prior notice before demolition. The court examined the provisions of Sections 52 and 53 of the MRTP Act and held that Section 52 deals with unauthorized constructions and does not require any notice before demolition, whereas Section 53 applies to authorized constructions that deviate from sanctioned plans and requires a notice under Section 53(1). Since the petitioners' structures were unauthorized, no notice under Section 53(1) was required. The court also rejected the argument that principles of natural justice require a hearing, stating that when a statute provides a specific procedure, natural justice cannot be invoked to add a requirement not contemplated. The petitions were dismissed.
Headnote
A) Town Planning - Unauthorized Construction - Demolition - Sections 52, 53 Maharashtra Regional and Town Planning Act, 1966 - The court considered whether prior notice under Section 53(1) is mandatory before demolition of unauthorized structures under Section 52 - Held that Section 52 does not require any prior notice and the provisions of Section 53(1) apply only to demolition of authorized but deviated constructions, not to wholly unauthorized constructions - Petitioners' structures were unauthorized and liable to be demolished without notice (Paras 5-8). B) Town Planning - Demolition - Natural Justice - Section 52 Maharashtra Regional and Town Planning Act, 1966 - The court examined the argument that principles of natural justice require a hearing before demolition - Held that when a statute provides a specific procedure, the principles of natural justice cannot be invoked to add a requirement not contemplated by the statute - Since Section 52 does not provide for notice, no such notice is required (Paras 5-8).
Issue of Consideration
Whether prior notice under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 is required before demolition of unauthorized constructions under Section 52 of the said Act.
Final Decision
Both writ petitions are dismissed. No order as to costs.
Law Points
- Unauthorized construction
- demolition without notice
- Section 52 MRTP Act
- Section 53 MRTP Act
- Maharashtra Regional and Town Planning Act
- 1966
- natural justice
- prior notice requirement
