1. Submission of investigative reports regarding eviction of occupants and recovery of penal license fees. (Para 1 , 2 )
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1996 Supreme(SC) 2452
SUPREME COURT OF INDIA
Kuldip Singh and B.L. Hansaria, JJ.
Shiv Sagar Tiwari - Petitioner
Versus
Union of India and ors. - Respondent
W.P. (C) No. 585 of 1994
Decided On : 30-09-1996
Important Points
Right to be heard and object against the Committee report or categorization.
Subject
Administrative Law - Government Proceedings
Headnote
Additional Solicitor General - Committee Report - The court directed the concerned persons to be present in court to be heard if they have any objection against the Committee report or in respect of their categorization.
Fact of the Case:
The court concluded the hearing of arguments based on the Gupta Report and directed the concerned persons to be present in court for hearing if they have any objection against the Committee report or in respect of their categorization.
Finding of the Court:
The court directed the concerned persons to be present in court for hearing and directed the Committee to give its report regarding Category III by a specified date.
Issues: Hearing of objections against the Committee report and categorization of concerned persons.
Ratio Decidendi: The court emphasized the right of concerned persons to be heard if they have any objection against the Committee report or in respect of their categorization.
Final Decision: The court directed the concerned persons to be present in court for hearing and directed the Committee to give its report regarding Category III by a specified date.
Legal Category Hierarchy
Table of Contents
2. Right of persons recommended for eviction or penal license-fee payment to be heard before final orders. (Para 2 )
3. Necessity of providing an opportunity for hearing to affected persons regarding their categorization or eviction recommendations in a committee report. (Para 2 )
4. Requirement of providing a hearing to parties adversely affected by a committee's recommendations before final adjudication. (Para 2 )
5. Direction to issue public notice for hearings of affected persons and setting timelines for submission of final reports. (Para 1 , 2 , 4 )
6. Whether persons recommended for eviction or penal license-fee payment in a committee report are entitled to a hearing?
Yes, the court directed that such persons be given an opportunity to appear in person or through counsel to object to the report or their categorization. (Para 2 )
JUDGMENT :
1. Mr. Altaf Ahmad, learned Additional Solicitor General states that the 5th and final Report shall be placed on record by the CBI by November 15, 1996.
2. We have concluded the hearing of arguments based on the Gupta Report. Mr. Ranjit Kumar has suggested that all those persons who have been recommended to be evicted and also those who may be directed to pay penal licence-fee should be given hearing. Although all the concerned persons are fully aware about the proceedings which are going on in this Court and they have been given full hearing by the Committee, we direct the Director of Estates to issue a public notice asking those persons to be present in this Court in person or through counsel, on October 9,1996 at 2. p.m. They shall be heard if they have any objection against the Committee report or in respect or their categorisation.
3. To come up on October 9, 1996 at 2 p.m.
4. The Committee shall give its report regarding Category III on or before October 31, 1996. To come up on November 4, 1996.
