Case Note & Summary
The petitioner, M/s Vandana Infra Estates, a partnership firm engaged in construction and allied activities, entered into Joint Development Agreements (JDAs) dated 04.09.2014, 27.09.2014, and 28.10.2014 with the owners of certain properties. The petitioner claimed to be in possession of the schedule property and had constructed a building therein. The Bangalore Development Authority (BDA) issued a demolition order dated 28.08.2017 bearing No.BDA/EM/EO-III/TA-IV/T-11/2017-18, directing demolition of the construction. The petitioner challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India, seeking quashing of the demolition order. The petitioner contended that the demolition order was passed without any notice or opportunity of hearing, in gross violation of principles of natural justice. The respondents, including the BDA and the Bruhat Bengaluru Mahanagara Palike (BBMP), were represented by counsel. The court, after hearing the petitioner's senior counsel and the respondents' counsel, observed that the demolition order was passed without any notice to the petitioner and without affording an opportunity of hearing. The court held that such an order cannot be sustained and is liable to be quashed. Accordingly, the writ petition was allowed, the impugned demolition order was quashed, and the BDA was granted liberty to proceed afresh in accordance with law after issuing notice and providing an opportunity of hearing to the petitioner.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - Demolition Order - Bangalore Development Authority Act, 1976, Section 14 - The petitioner challenged a demolition order passed by the BDA without any prior notice or opportunity of hearing. The court held that the order was passed in violation of principles of natural justice and quashed the same, granting liberty to the BDA to proceed afresh after issuing notice and hearing the petitioner. (Paras 1-4)
Issue of Consideration
Whether the impugned demolition order dated 28.08.2017 passed by the Bangalore Development Authority without issuing any notice or providing an opportunity of hearing to the petitioner is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order of demolition dated 28.08.2017 bearing No.BDA/EM/EO-III/TA-IV/T-11/2017-18 is quashed. The respondents are at liberty to proceed afresh in accordance with law after issuing notice and providing an opportunity of hearing to the petitioner.
Law Points
- Natural justice
- opportunity of hearing
- demolition order
- BDA Act
- Section 14
- writ petition
- quashing
- violation of principles of natural justice
