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ORISSA HIGH COURT
PRAKASH CHANDRA PANIGRAHI – Appellant
Versus
STATE OF ODDISHA – Respondent
JUDGMENT :
Sanjeeb K Panigrahi, J.
1. The petitioner in the present Writ Petition assails the order of demolition passed by the Rourkela Development Authority vide letter No.2227 dated 02.08.2019, asserting that it was passed without affording any opportunity of hearing to the petitioner.
I. FACTUAL MATRIX OF THE CASE:
2. Succinctly put, the facts of the case are as follows:
(i) The petitioner purchased a piece of land measuring Ac. 0.122 decimals, appertaining to Plot No. 184 under Khata No. 32, from Bankim Chandra Mohanty and Subrat Mohanty vide Registered Sale Deed No. 370 dated 06.04.2004.
(ii) After purchase of the said land, the petitioner applied for mutation before the Tahasildar, Rourkela, which was registered as Mutation Case No. 345 of 2004. The land was mutated in favour of the petitioner and the Record of Rights was issued accordingly.
(iii) For the purpose of his business, the petitioner submitted a building plan before the Rourkela Development Authority, after depositing the requisite scrutiny fees amounting to Rs. 16,575/- on 18.05.2012.
(iv) Thereafter, the petitioner commenced construction over the said land and raised a G+3 storied structure, which remains incomplete.
(v)
A demolition order is unsustainable if issued without affording the affected party a proper opportunity of hearing, violating natural justice principles.
The failure to utilize opportunities provided for defense negates claims of natural justice violations in regulatory enforcement cases.
The court affirmed that opportunities in legal proceedings must be utilized effectively, and failure to substantiate property claims does not invalidate administrative actions under Article 226.
Section 406 of Kerala Municipality Act reads as Demolition or alteration of building work unlawfully commenced, carried on or completed.
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....
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 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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