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1989 Supreme(AP) 74

RAMANUJULU NAIDU
Amba Bai Tiwari – Appellant
Versus
Special Officer, Municipal Corporation of Hyderabad – Respondent


RAMANUJULU NAIDU, J.

( 1 ) THE impugned notice dt. 1-7-86 issued by the Commissioner of municipal Corporation, Hyderabad directing the petitioner to remove or pull down the alleged structures noted therein, within three days from the date of receipt of it, without giving an opportunity to the petitioner to show cause as to why the same should not be removed or pulled down, is in contravention of all canons of natural justice. The same is, therefore, quashed.

( 2 ) I must also observe that in the recent past several such notices issued to several citizens by the Commissioner of Municipal Corporation, hyderabad granting them time of 24 hours or 48 hours or 72 hours to remove or pull down the alleged unauthorised structures without calling for their explanations, have been brought to my notice. It is imperative that before any penal or painful action under any of the provisions of the hyderabad Municipal Corporation Act is taken, reasonable notice should be given to a citizen to show cause against the proposed action. In my opinion, four weeks time would be normal and should be granted in all such cases.

( 3 ) THE writ petition is accordingly allowed. No costs. Advocate s fee Rs. 150/

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