The court emphasized that principles of natural justice necessitate consideration of replies to show cause notices prior to taking administrative action.

Headnote:(A) Delhi Municipal Corporation Act - Principles of Natural Justice - Demolition order challenged by petitioner on grounds of non-consideration of filed reply to show cause notice. - The Court noted that the respondent failed to consider the petitioner's reply prior to passing the demolition order, mandated by principles of natural justice. (Paras 1-10)

(B) Action in Accordance with Law - Court reiterates that any action taken must comply with principles of law and natural justice, ensuring the opportunity for a fair hearing before an adverse decision. (Paras 8-10)

Facts of the case:
The petitioner contested a demolition order claiming that their reply to the show cause notice was ignored despite being filed within the prescribed timeline. Court findings indicate improper process due to failure to acknowledge the reply prior to imposing a demolition order.

Findings of Court:
The demolition order was set aside, and the case was referred back to the Corporation to duly consider the petitioner's response with an opportunity for personal hearing.

Issues: The main issues included the legality of the demolition order based on the alleged disregard for the petitioner's timely response.

Ratio Decidendi: The court held that the obligation to consider submissions made in response to show cause notices is critical, aligning with natural justice requirements.

Result: Petition allowed.

Table of Content
1. petitioner's right to respond to a notice (Para 1 , 2 , 3 , 4 , 5 , 6)
2. compliance with natural justice principles (Para 7 , 8)
3. obligatory duty to consider replies (Para 9)
4. remitting matter for due consideration (Para 10)
5. order allowing the petition (Para 11)

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioner impugns demolition order dated 16.12.2021 whereby demolition action is proposed against the alleged illegal construction in the subject property.

2. Learned counsel for the petitioner submits that the petitioner duly replied to the show cause notice dated 10.12.2021 on 16.12.2021, however, the impugned order which is passed on 16.12.2021 records that no reply has been received till date.

3. Learned counsel submits that the show cause notice was received on 15.12.2021 and the reply was filed the very next day, however, the same has not been considered.

4. Learned counsel for the petitioner has shared over the email of the Court Master copy of the registered envelope through which the show cause notice was sent as well as its tracking report.

5. The postal receipt passed on the envelope shows that the notice was dispatched on 13.12.2021 at 12.48 PM. The tracking report shows that the notice was delivered on 15.12.2021 at 17.59. Reply to the show cause notice was delivered by hand on 16.12.2021 and bears the receipt of the respondent of 16.12.2021.

6. The show cause notice had stated that reply be given within three days from the date of the service of the show cause. Reply was duly filed within a period of three days, however, the impugned demolition order was passed without taking into consideration the reply.

7. Learned counsel for the respondent submits that the show cause notice and action the is proposed in terms of the directions issued by this Court in W.P(C) 12888/2021 titled `Kamla Mohindru vs. North Delhi Municipal Corporation & Ors'.

8. The directions of this Court in Kamla Mohindru (Supra) is to take action in accordance with law which would entail that principles of natural justice have to be complied with.

9. Since the show cause notice was delivered to the petitioner only on 15.12.2021 and the reply was filed the very next day, it was obligatory on the Corporation to consider the reply prior to passing the demolition order.

10. Accordingly, the demolition order dated 16.12.2021 is set aside. The matter is remitted to the Corporation to consider the reply given by the petitioner and after giving an opportunity of personal hearing pass a speaking orders in accordance with law. The decision be taken expeditiously.

11. Petition is allowed in the above terms.

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