Case Note & Summary
The appellant, Krishnegowda, proprietor of M/s Neelakanta Convention Center, challenged a notice dated 13.05.2015 issued by the respondent, Bangalore Mysore Infrastructure Corridor Area Planning Authority, under Section 14(2) of the Karnataka Town and Country Planning Act, 1961, calling upon him to remove a Convention Hall. The appellant filed writ petitions which were dismissed by a learned Single Judge on 23.06.2015. Aggrieved, the appellant filed these writ appeals under Section 4 of the Karnataka High Court Act. The core legal issue was whether the notice under Section 14(2) could be issued without a prior notice under Section 14(1) and without affording an opportunity of hearing. The appellant argued that the notice was invalid as it did not comply with the mandatory procedure under Section 14(1) and principles of natural justice. The respondent contended that the notice was valid and the appellant had no right to continue the unauthorized construction. The court, after hearing both sides, held that Section 14(2) is a follow-up provision to Section 14(1) and cannot be invoked independently. The planning authority must first issue a notice under Section 14(1) calling upon the person to show cause and provide an opportunity of hearing. Since the impugned notice was issued without complying with Section 14(1) and without affording any opportunity, it was invalid. The court allowed the appeals, set aside the order of the Single Judge, and quashed the notice dated 13.05.2015, granting liberty to the respondent to proceed in accordance with law.
Headnote
A) Town Planning - Notice under Section 14(2) - Validity - Section 14(1) and 14(2) of Karnataka Town and Country Planning Act, 1961 - The court considered whether a notice under Section 14(2) can be issued without a prior notice under Section 14(1) and without affording an opportunity of hearing. Held that Section 14(2) notice is a follow-up to Section 14(1) and cannot be issued independently without complying with Section 14(1) and principles of natural justice. (Paras 1-10) B) Natural Justice - Opportunity of Hearing - Section 14 of Karnataka Town and Country Planning Act, 1961 - The court held that before issuing a notice under Section 14(2) for removal of unauthorized construction, the planning authority must first issue a notice under Section 14(1) calling upon the person to show cause and provide an opportunity of hearing. Failure to do so renders the notice invalid. (Paras 5-10)
Issue of Consideration
Whether the notice issued under Section 14(2) of the Karnataka Town and Country Planning Act, 1961, without prior notice under Section 14(1) and without affording opportunity of hearing, is valid?
Final Decision
The writ appeals are allowed. The order dated 23.06.2015 passed by the learned Single Judge in Writ Petition No.22825/2015 and connected cases is set aside. The notice dated 13.05.2015 issued by the respondent is quashed. The respondent is at liberty to proceed in accordance with law.
Law Points
- Section 14(1) and Section 14(2) of Karnataka Town and Country Planning Act
- 1961
- Natural Justice
- Notice
- Demolition
- Planning Authority
