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SANJAY DHAR
Tariq Ahmad Malik – Appellant
Versus
J&K Special Tribunal – Respondent
Headnote: Read headnote
JUDGMENT
Sanjay Dhar, J. - The petitioners have challenged notices bearing No.SMC/Enf/W/1051-55 dated 25.10.2022 and SMC/Enf/W/1091-95 dated 28.10.2022, as also order dated 14.11.2022 passed by respondent No.1, whereby respondents No.8 and 9 have been impleaded as parties to the appeal filed by the petitioners. Challenge has also been thrown to order dated 01.12.2022 passed by respondent No.1, whereby appeal filed by the petitioners against the impugned notices has been dismissed and certain other directions have been passed.
2. Heard learned counsel for the parties and perused the record of the case.
3. The case projected by the petitioners is that they are owners in possession of land measuring 05 kanals 17 marlas falling under Khasra No.1521 situated at Rambirgarh Partabgarh, out of which petitioner No.2 has sold 06 marlas whereas rest of the land is under their ownership and possession. It is claimed that the aforesaid land is located outside the limits of Srinagar Municipal Corporation and, as such, after obtai
The central legal point established is the requirement for adherence to the principles of natural justice in quasi-judicial proceedings, emphasizing the right of parties to be heard before a decision....
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....
An unauthorized construction is liable to be demolished, and the municipal authorities are not bound to regularize the same.
An order passed in breach of the principles of natural justice is null and void and non-est in the eye of law.
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