Case Note & Summary
The petitioners, owners of a shop in Arvi, Wardha, purchased the property via a registered sale deed dated 8.1.1971 and had a valid license under the Bombay Shops and Establishment Act since December 1967, paying property tax regularly. On 1.6.2000, without any prior notice or opportunity, the respondents (State of Maharashtra, Executive Engineer, Sub-Divisional Officer, and Tahsildar) demolished half of the double-storeyed structure, rendering it unusable. The petitioners filed a writ petition claiming compensation and alleging high-handed exercise of power. The court admitted the petition on 27.7.2000 and directed status quo. The petitioners argued that adjacent structures were not demolished, and later the Public Works Department issued a no-objection certificate for lease deeds. The court found the demolition illegal and violative of Article 300A and principles of natural justice. It directed the respondents to pay Rs. 5,00,000 as compensation within three months, recoverable from the salaries of the erring officers, and to consider granting an alternative site or lease of the land to the petitioners.
Headnote
A) Constitutional Law - Right to Property - Article 300A of the Constitution of India - Deprivation of Property - The petitioners' shop was demolished by state authorities without any prior notice or opportunity of hearing, violating the constitutional guarantee that no person shall be deprived of his property save by authority of law. The court held that the demolition was illegal and arbitrary, and the petitioners are entitled to compensation for the loss suffered. (Paras 1-5) B) Administrative Law - Natural Justice - Audi Alteram Partem - Demolition Without Notice - The respondents demolished half of the petitioners' double-storeyed structure on 1.6.2000 without any previous notice or opportunity to show cause. The court held that such action is violative of principles of natural justice and the state is liable to pay damages. (Paras 3-5) C) Torts - State Liability - Compensation for Unlawful Demolition - The court directed the respondents to pay compensation of Rs. 5,00,000 to the petitioners for the illegal demolition, to be recovered from the salaries of the erring officers. The court also directed that the petitioners be given alternative site or lease of the land if available. (Para 5)
Issue of Consideration
Whether the respondents acted lawfully in demolishing the petitioners' structure without prior notice or opportunity of hearing, and whether the petitioners are entitled to compensation for the demolition.
Final Decision
The court allowed the writ petition, directing respondents to pay compensation of Rs. 5,00,000 to the petitioners within three months, to be recovered from the salaries of the erring officers. The respondents were also directed to consider granting an alternative site or lease of the land to the petitioners if available.
Law Points
- Right to property under Article 300A
- principle of natural justice
- compensation for unlawful demolition
- no demolition without prior notice
- state liability for tortious act of officials
