Case Note & Summary
The petitioners, who were occupants of shops on the first floor of Mahatma Phule Market in Jalgaon, challenged an order dated 20th January 2018 passed by the Deputy Municipal Commissioner of the Municipal Corporation of the City of Jalgaon. The order directed their eviction from the shops. The petitioners filed multiple writ petitions before the Bombay High Court, Aurangabad Bench, seeking quashing of the eviction order and interim stay. The court heard all petitions together as they involved identical issues. The petitioners argued that the eviction order was passed without any notice or opportunity of hearing, violating principles of natural justice. They relied on the Supreme Court judgment in M/s Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad now Zila Parishad, Muzaffarnagar [1969 AIR (SC) 556], which held that no order adverse to a person can be passed without affording him an opportunity of being heard. The respondent Corporation, represented by its advocates, placed reliance on a Division Bench judgment of the same court dated 14/07/2017 in WP No.7730/2015 and connected matters. However, the court found that the impugned order was passed without any notice or hearing, and the Corporation's reliance on the Division Bench judgment was misplaced as that judgment did not dispense with the requirement of natural justice. The court held that the order was in gross violation of natural justice and quashed it. The court also directed that the petitioners shall not be evicted without following due process of law. The decision was in favor of the petitioners.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Right to be Heard - The Deputy Municipal Commissioner passed an eviction order without giving any notice or opportunity of hearing to the petitioners who were occupying shops in Mahatma Phule Market. The court held that the order was passed in gross violation of principles of natural justice and quashed the same. (Paras 1-6) B) Municipal Law - Eviction of Occupants - Requirement of Notice - The Municipal Corporation sought to evict the petitioners from their shops without following due process. The court relied on the Supreme Court judgment in M/s Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad now Zila Parishad, Muzaffarnagar [1969 AIR (SC) 556] to emphasize that no order adverse to a person can be passed without giving him an opportunity of being heard. (Paras 4-6)
Issue of Consideration
Whether the impugned eviction order dated 20th January 2018 passed by the Deputy Municipal Commissioner without affording an opportunity of hearing to the petitioners is sustainable in law.
Final Decision
The impugned order dated 20th January 2018 passed by the Deputy Municipal Commissioner is quashed and set aside. The petitioners shall not be evicted without following due process of law.
Law Points
- Natural Justice
- Audi Alteram Partem
- Right to be Heard
- Quashing of Administrative Order
