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ARIJIT BANERJEE, APURBA SINHA RAY
Md. Ali Mirza – Appellant
Versus
Kolkata Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. demolition proceedings initiated by municipal authority. (Para 2) |
| 2. initiation of demolition proceedings. (Para 3 , 4 , 5 , 6) |
| 3. court's observation on service of notice. (Para 7 , 9 , 10) |
| 4. challenge to the legality of demolition order. (Para 8 , 11 , 12) |
| 5. discussion on the adequacy of notice under the kmc act. (Para 13) |
| 6. arguments on the adequacy of notice and natural justice. (Para 16 , 19 , 21) |
| 7. court's conclusion on due notice and affirmation of lower court order. (Para 25 , 36 , 37) |
| 8. court finds proper service was completed through speed post. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
ARIJIT BANERJEE, J.
1. By consent of the parties the appeal and the connected application were taken up for hearing together.
2. This appeal is directed against a judgment and order dated December 8, 2022, whereby the appellant’s writ petition being WPO no. 2971 of 2022 was disposed of by a learned Single Judge.
3. Demolition proceedings were initiated by Kolkata Municipal Corporation (in short KMC) under Section 400 (1) of the KMC Act, 1980, in respect of premises no. B- 6, 7 & 8 Nawab Wajid Ali Shah Road, Word-134, Borough-xv, Kolkata 700024 (in short “the said premises”). The appe
Proper service of notice under the Kolkata Municipal Corporation Act can be achieved through speed post, satisfying statutory requirements for natural justice.
The Superintendent Engineer validly issued a demolition order under delegated authority, despite challenges regarding notice and natural justice, affirming the necessity of judicial efficiency in mun....
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 ....
An order affecting a person's rights is effective only when communicated, starting the limitation period from that date, not the date of the order itself.
An order passed in breach of the principles of natural justice is null and void and non-est in the eye of law.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
The court reaffirmed the principle that unauthorized constructions threaten public safety, necessitating swift enforcement of demolition orders under local municipal 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....
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