Statutory Authorities' Duty to Demolish Unauthorized Structures

its statutory powers and its public duty, and implement the order 'P11' that it has made Does the Petitioner have a legal right to the performance of the said legal duty? ... A court should not grant a Writ of Mandamus to enforce a right which is not legal and not based upon a public duty." ... As already observed, demolition of unauthorised constructions is one of the objects of the 1st Respondent, and the legislature has empowered the 1st ....

2024 0 Supreme(Bom) 33

In sum and substance the Municipal Authority who are obliged to perform its statutory duties and functions have not done their duty assiduously. If done, could have saved the lives. ... The above observations speaks for itself largely emphasizing the role and responsibility of the Municipal Officers while enforcing the statutory duty. There is no denial that the MMC Act authorizes the Corporation to demolish the structure in certain exigencies. ... It was the duty of ....

2023 Supreme(Online)(Mad) 85146

The State is duty bound to protect the right of the citizens. ... Even in respect of the grounds relating to violation of principles of natural justice, the statutory authorities are empowered to adjudicate such legal grounds, since they are exercising quasi-judicial powers under the Act. ... In addition, the authorities competent are bound to institute criminal prosecution against the offenders. Grabbing Government land is a theft. Therefore, it is an offence #HL_ST....

Crimes

Section 133 of the Code, he (Magistrate or Tahasildar) is legally duty bound to swing into action. ... (Emphasis added) These golden words need to be taken as the guiding principle for the authorities vested with statutory powers which cast corresponding duties. 28. ... The Supreme Court in Municipal Council, Ratlam (supra), has also made it abundantly clear that a Municipal Commissioner or other Executive Authorities are bound by an order, which may be passed by a Magistrate under S....

2024 Supreme(Online)(DEL) 15860

They are under a statutory duty and obligation to remove the garbage from the city. The Sub Divisional Magistrate, Mukerian is invested with the powers under Section 133 Cr.P.C. to remove the nuisance. 10. ... In the circumstances, there is no reason whatsoever as to why the Municipal Authorities at Mukerian should not undertake the task of removing the garbage from the city to make the city clean and habitable for its residents. ... Therefore, the learned Sub Divisional Magistrate, Mu....

2024 Supreme(SRI)(CA) 444

I am of the view that the aforementioned provisions contained in the UDA Law and the Pradeshiya Sabhas Act cast a statutory duty upon the UDA and local authorities to whom such powers have been delegated to remove unauthorized constructions. ... In fact, the material before Court indicates that it is the 1st Respondent in constructing a wall without obtaining prior authorization and the 2nd - 4th Respondents in not adhering to the statutory procedure to remove unauth....

2024 Supreme(Online)(DEL) 17158

They are under a statutory duty and obligation to remove the garbage from the city. ... In the circumstances, there is no reason whatsoever as to why the Municipal Authorities at Mukerian should not undertake the task of removing the garbage from the city to make the city clean and habitable for its residents. ... Therefore, the learned Sub Divisional Magistrate, Mukerian shall ensure that she performs her statutory duty and ensures that the garbage is removed from Mu....

2024 Supreme(Online)(DEL) 16205

They are under a statutory duty and obligation to remove the garbage from the city. The Sub Divisional Magistrate, Mukerian is invested with the powers under Section 133 Cr.P.C. to remove the nuisance. ... In the circumstances, there is no reason whatsoever as to why the Municipal Authorities at Mukerian should not undertake the task of removing the garbage from the city to make the city clean and habitable for its residents. ... Therefore, the learned Sub Divisional Magistrate, Mukeri....

2023 Supreme(Online)(MAD) 1617

The State is duty bound to protect the right of the citizens. ... Even in respect of the grounds relating to violation of principles of natural justice, the statutory authorities are empowered to adjudicate such legal grounds, since they are exercising quasi-judicial powers under the Act. ... In addition, the authorities competent are bound to institute criminal prosecution against the offenders. Grabbing Government land is a theft. Therefore, it is an offence #HL_STA....

In that case the Charter of a school empowered the governors of the school, according to their sound discretion, to remove a master appointed to the school. ...      Where a statutory body is merely given a power to dismiss a member of its staff, without any specification of the grounds of dismissal and/or of the procedure to be followed prior to dismissal, that body is not bound to act judicially in reaching its decision. ... The decision is not authority for the proposition t....

2018 0 Supreme(Del) 1363

Authorities are duty bound to ensure that public land is not encroached upon and if encroachments are found, the same ought to be dealt with strictly and in accordance with law. The power of the MCD to take action against unauthorized occupation exists in the statute and has to be exercised in accordance with law. 9. There is no dispute to the proposition that unauthorized occupation or encroachment of public land cannot be condoned.

2017 0 Supreme(Bom) 122

In fact, it is the bounden duty of the Municipal Corporation to remove or demolish the same. Rule 5 of the said Rules 2003 provides that it is an obligation of the Commissioner to remove or demolish the hoardings, banners or posters, which have been put up without prior written permission as required by Rule 4 or in contravention of Sub-rules (1) to (5) of Rule 4.

2009 0 Supreme(Ker) 875

Section 252(1)(b) of the Kerala Panchayat Raj Act, 1994, (herein after referred to as 'the Therefore, even the staff of Local Self Government Institution are not only entitled and empowered, but duty bound to do the best in their command to even physically obstruct the unauthorised removal of sand, in case of situations, where the police help is not readily available. This necessarily shows the availability of the police power of the State with the Local Self Government Institution and the Secretary. To support this conclusion, it also needs to be remembered that in a given....

2008 0 Supreme(Gau) 158

The Apex Court in Salem Advocate Bar Association, T.N. v. Union of India, (2005) 6 SCC 344 held that section 80, CPC requires prior notice of two (2) months to be served on the Government as a condition for filing the suit except when there is urgency of interim order in which the court may not insist on the rigid rule of prior notice. The Government, Government Department or the statutory authorities are duty bound to send reply to the notice under section 80, CPC. Para 38 of the SCC in Salem Advocate Bar Association, T.N. (supra) reads as follows :

2007 0 Supreme(MP) 363

If it is proved by the Council by producing the evidence beyond reasonable do but that the construction has been raised on drains and footpath. Section 223 also prohibits the obstruction on streets and therefore under the aforesaid legal position, the Municipal Council was only required to prove that the land where the construction has been made is the land of drain and footpath. Under the law, the Municipal Council is empowered to remove and demolish the aforesaid encroachment and construction after due notice to the respondent and enquiry.