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SANJEEV SACHDEVA
Ashok Kumar – Appellant
Versus
Commissioner, Edmc – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - CM APPL.2997/2021(Exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1075/2021 & CM APPL.2998/2021
1. Petitioners impugn the order/letter dated 06.01.2021, whereby petitioners have been directed to remove the alleged illegal structure from the land in question within one month from the receipt of the notice.
2. Order dated 06.01.2021 states that the same is in compliance of directions contained in order dated 26.08.2019 in WP(C) 2365/2016 of the High Court.
3. Learned Senior Counsel appearing for the petitioners contends that each of the petitioners has been in occupation of the respective subject land for several decades. He further submits that by order dated 26.08.2019 in WP(C) 2365/2016, the Division Bench of this Court had directed the respondents to remove the encroachment in accordance with Law, Rules, Regulations and Government Policy, after giving adequate opportunity of being heard to the owners/occupiers of the super-structure.
4. Learned Senior Counsel submits though a show-cause notice was issued which was duly replied to, no hearing was afforded to any of the petitioners.
5. Issue notice. Notice is accepted by learned coun
Failure to grant a personal hearing as mandated by a previous court order can lead to the setting aside of an impugned order.
Procedural fairness requires that parties must be given a personal hearing before administrative actions, failing which the orders may be set aside.
The necessity of affording a personal hearing in administrative proceedings is critical to upholding procedural fairness and natural justice.
The court emphasized the necessity for a timely and reasoned decision on representations affecting property rights, ensuring the petitioners receive a personal hearing.
Unauthorized structures on government land without permission unprotected; writ jurisdiction bars disputed pre-datum facts; strict judicial stance against illegal constructions, no sympathy for viola....
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
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