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JASPREET SINGH
Sunil Yadav – Appellant
Versus
Special Secretary, Housing And Urban Planning Sitting At Tribunal/Revisional Authority – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Prashant Chandra, learned Senior Counsel assisted by Shri Karunanidhi Yadav, learned counsel for the petitioner, Shri Shailendra Singh, learned Chief Standing Counsel along with Shri Badrish Tripathi, learned standing counsel for the respondents No.1 and 2 as well as Shri Ratnesh Chandra, learned counsel for the respondents No.3 and 4.
2. Under challenge is the order dated 19.01.2024 whereby the revision preferred by the petitioner under Section 41 of the U.P. Urban Planning and Development Act, 1973 has been rejected.
3. In order to appreciate the controversy involved in the instant petition, it will be relevant to note certain brief facts giving rise to the instant petition.
4. The Lucknow Development Authority had put certain commercial plots for auction. The first round of auction was held on 04.10.2023 wherein the petitioner had submitted his bid which was the highest, however, the respondents No.3 and 4 did not accept the said bid and as such the said plot was put to re-auction. Since, the bid of the petitioner was not accepted for commercial Plot No.3, Commercial Sector Scheme, Sector-6, Gomti Nagar Extension, Lucknow, hence, the petition
The court emphasized that the principles of natural justice require a fair hearing and reasoned decisions, which were violated in this case.
A party cannot be denied benefits due to issues beyond their control; zero period benefits were affirmed due to delays stemming from governmental actions.
Administrative orders affecting civil rights must comply with principles of natural justice, including the right to be heard.
An order passed without issuing notice to involved parties and without condoning delay is jurisdictionally incorrect, violating principles of procedural fairness.
The court emphasized that administrative orders with civil consequences must adhere to principles of natural justice, ensuring all parties are notified and given a fair opportunity to present their c....
Orders must adhere to principles of natural justice, and failure to do so renders them invalid.
A demolition order is unsustainable if issued without affording the affected party a proper opportunity of hearing, violating natural justice principles.
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