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ABHAY S. OKA, UJJAL BHUYAN
Zulfiquar Haider – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT
ABHAY S. OKA, J
1. Leave granted.
2. Heard the learned senior counsel appearing for the appellants and the learned Attorney General for India appearing for the first respondent, State of Uttar Pradesh. We have also heard the learned senior counsel appearing for the second respondent, Prayagraj Development Authority (hereinafter referred to as “the PDA”).
3. These cases shock our conscience. The residential premises/buildings of the appellants have been high- handedly and illegally demolished in the manner set out in this judgment.
4. The demolition action is purportedly taken under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as the “1973 Act”) by the PDA.
Section 27 of the 1973 Act reads thus:
(1) Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction referred to in Section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the development area, then, without prejudice to the provisions of Section 26
(1) Bulldozer Justice – Illegal demolition of residential premises/buildings violates right to shelter guaranteed by Article 21 of Constitution – Residential structures of citizens cannot be demolish....
Proper service of notice under the Kolkata Municipal Corporation Act can be achieved through speed post, satisfying statutory requirements for natural justice.
(1) Demolition of residential and commercial properties by State machinery – No demolition should be carried out without a prior show cause notice returnable either in accordance with time provided b....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
A demolition notice issued without proper service of a show-cause violates principles of natural justice, thus rendering the notice void and enabling the affected party to defend themselves upon re-i....
The court upheld the MCD's authority to issue demolition notices for illegal constructions, emphasizing compliance with statutory procedures.
Principles of natural justice must be complied with, including considering the petitioner's reply and providing an opportunity for a personal hearing before passing a demolition order.
The court emphasized that principles of natural justice necessitate consideration of replies to show cause notices prior to taking administrative action.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
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