Case Note & Summary
The petitioner, Avenue Supermarts Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice issued under Sections 238 and 239 of the Bruhat Bengaluru Mahanagara Palike Act, 2002 (BBMP Act). The notice, dated 17.01.2022, was issued by the Assistant Executive Engineer, Horamavu Sub Division, BBMP, alleging unauthorized construction and directing demolition. The petitioner contended that the notice was issued without any prior opportunity of hearing and without considering the petitioner's explanation. The respondents, including BBMP and its officers, argued that the construction was unauthorized and the notice was valid. The court examined the provisions of Sections 238 and 239 of the BBMP Act, which require the Commissioner to give a reasonable opportunity of being heard before ordering demolition. The court found that the impugned notice did not comply with these requirements and was issued in violation of principles of natural justice. Consequently, the court quashed the notice and directed the respondents to follow the proper procedure, including giving a hearing to the petitioner, before taking any further action. The court also allowed the connected writ petitions in similar terms.
Headnote
A) Municipal Law - Demolition Notice - Sections 238, 239 of Bruhat Bengaluru Mahanagara Palike Act, 2002 - Natural Justice - The petitioner challenged a demolition notice issued by BBMP alleging unauthorized construction - Court held that the notice was issued without affording an opportunity of hearing and without proper consideration of the petitioner's explanation - Quashed the notice and directed the respondents to follow due process - Held that any demolition without prior notice and hearing is violative of natural justice (Paras 1-10).
Issue of Consideration
Whether the impugned notice issued under Sections 238 and 239 of the Bruhat Bengaluru Mahanagara Palike Act, 2002, for demolition of the petitioner's building is valid and in compliance with principles of natural justice.
Final Decision
The court quashed the impugned notice and directed the respondents to follow the proper procedure, including giving a hearing to the petitioner, before taking any further action. The connected writ petitions were also allowed in similar terms.
Law Points
- Principles of natural justice
- Section 238 and 239 of BBMP Act 2002
- requirement of prior notice and hearing before demolition
- writ of certiorari
