The necessity for procedural fairness in demolition processes mandated by law, ensuring affected parties are heard.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" (i) Declare that the respondents decision to demolish the building without any expert opinion and without hearing the affected parties is illegal and arbitrary.

(ii) issue a writ of certiorari or any other writ or order quashing Exhibit P3 notice as illegal by calling for a report leading to the issuance of the same.

(iii) issue a writ of mandamus or such other writ or order directing the respondents not to take any action in pursuance of Exhibit.P3 to demolish the building without notice and giving an opportunity of hearing to the petitioner and present their version. "

[SIC]

2. Petitioner is conducting a retail outlet owned by the 1^st respondent, Municipality. Petitioner suddenly received Ext.P3, directing to vacate of the premises, stating that the building is in a dilapidated condition. According to the petitioner, there is no structural disability to the building, and only minor repair work is necessary to the building. The petitioner submitted Ext.P4 representation to the Mayor, Municipal Corporation. The same is not considered is the grievance.

3. Heard counsel for the petitioner and the Standing Counsel appearing for the Corporation.

4. After hearing both sides, I am of the considered opinion that this writ petition need not be retained here. When this writ petition came up for consideration on 09.05.2025, this Court passed the following order:

" The learned Standing Counsel takes notice for respondents. In view of the averment that the building in question is not in a dilapidated condition, there will be an interim stay as prayed for, for a period of four weeks."

5. The above order is regularly extended. There can be a direction to consider Ext.P4 and pass an appropriate order in it, after giving an opportunity of hearing to the representative of the petitioner and other affected parties, till then, the interim order can be allowed to continue.

Therefore, this writ petition is disposed of with the following directions:

1. The 1^st respondent is directed to consider Ext.P4 and pass an appropriate order in it, after giving an opportunity of hearing to the representative of the petitioner and other affected parties, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

2. Till final orders are passed as directed above, further proceedings based on Ext.P3 shall be kept in abeyance.

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