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2018 Supreme(HP) 1657
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, Ajay Mohan Goel, JJ.
Ntpc Limited - Appellant
Versus
Gopal Dass & Ors. - Respondents
Letters Patent Appeal No. 66 of 2010
Decided On : 27-02-2018
Adarsh Sharma, Amit Dhumal, Ashok Sharma, J.K Verma, Megha Kapoor Gautam, Neeraj Gupta, Ranjan Sharma, Advocates for the appearing parties.
The central legal point established is the importance of adhering to the principles of natural justice, particularly the right to be heard, before passing any adverse order against a party.
Headnote:
Violation of Principles of Natural Justice - Appellant's Right to be Heard
Fact of the Case:
The appellant was not given an opportunity to be heard before the court passed an order directing the release of monetary compensation and benefits. The appellant filed an application for review of the judgment, which was also dismissed.
Finding of the Court:
The court found that the principles of natural justice were violated as the appellant was condemned unheard and without notice. The court set aside the judgment and remanded the matter for adjudication afresh, emphasizing the need for the appellant to be impleaded as a party respondent in the writ petition.
Issues: Violation of principles of natural justice, lack of opportunity to be heard, review of judgment
Ratio Decidendi: The court's decision was influenced by the violation of the principles of natural justice, emphasizing the right of the appellant to be heard before any adverse order is passed.
Final Decision: The judgment and the order dismissing the appellant's review application were set aside, and the matter was remanded for fresh adjudication with the appellant being impleaded as a party respondent.
JUDGMENT
Sanjay Karol, A.C.J —It is not in dispute that the present appellant, against whom the learned Single Judge has passed the order, adjudicating the rights of the writ petitioner, directing the present appellant to release certain monetary compensation and benefits, was not arrayed as a party by the writ petitioner in the writ proceedings.
2. It is a classic case where the present appellant was condemned unheard and without notice or inviting comments/views, the order was passed behind its back. We notice that before filing the present appeal, the present appellant has also filed an application seeking review of the judgment, which also stood dismissed.
3. We are informed that cases pertaining to similarly situated writ petitioners are pending consideration before the learned Single Judge and in some of such cases, the present appellant stands impleaded as party respondent.
4. Considering the fact that the principles of natural justice stand violated, on this short ground alone, without expressing any opinion on merit, we set aside judgment, dated 27th August, 2008, passed in CWP No. 755 of 2008, titled as Gopal Dass Vs. The State of H.P. and others and remand the matter back for adjudication afresh, in accordance with law.
5. Needless to add, we also set aside order dated 21.08.2009, passed in CMP No. 2956 of 2008 filed in CWP No. 755 of 2008, whereby the prayer of the present appellant seeking review of the main judgment was dismissed.
6. The present appellant, namely, NTPC Limited, Kol Dam Hydro Power Project, Village and P.O. Barmana, Tehsil Sadar, District Bilaspur (HP) through its Manager shall stand impleaded as party respondent in the said writ petition.
7. Mr. Neeraj Gupta, learned counsel for the appellant states that response to the writ petition shall be filed within a period of eight weeks from today.
8. The writ petition be tagged alongwith other petitions filed by similarly situated persons, particulars whereof shall be filed by the learned counsel for the respondent(s) to the Registry.
Appeal stands disposed of, so also pending miscellaneous application(s) , if any.
