Anitha Kumari v. The Secretary And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/956/2023 K. Anitha Kumari Vs.

The Secretary and others Ms. G. Mini ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents September 29, 2023 [SR] Item No.11 By the impugned order dated 21st September, 2023 passed by the Superintending Engineer, Municipal Council, to demolish the portion of the building which violates the provisions of the Regulations is assailed before this Court. It would reveal therefrom that a notice to stop work was issued upon the petitioner and pursuant thereto, the petitioner appeared before the competent authority and denied any illegal construction done by her. She asked for a copy of the complaint and the report which forms the basis for taking the decision that the construction undertaken by the petitioner is unauthorized and/or illegal. But the authorities, without providing those papers, proceeded to pass an order for demolition.

Though the respondents dispute the aforesaid contention but it does not appear that the copy of the complaint and the report which forms the basis of an order for demolition to be passed was supplied to the petitioner. The authorities cannot act in such a manner which violates the principles of natural justice which is one of the fundamental principles in dispensation of the justice. A person cannot be punished without being given an opportunity of being heard. The legal maxim audi alteram partem is well recognized in the judicial parlance as any

infraction and/or the violation thereof entail the action of the statutory authorities liable to be struck down. It is equally important to note that the documents which forms an integral part of the decision making process if not provided to a person who suffered an order adverse to his/her interest it tantamount to violation of the principle of natural justice.

In view of the above, the order dated 21st September, 2023 is hereby quashed and set aside. The respondents are directed to supply a copy of the complaint and the report filed in connection with the aforementioned case to the petitioner within two weeks from the date of communication of this order.

The petitioner shall be given an opportunity to file her defense thereto which should not exceed beyond 15 days from the date of the supply of the copy of the aforesaid documents and thereafter, the authorities shall proceed to decide the matter after affording an opportunity of hearing to all interested persons within fortnight therefrom, in accordance with law.

With the above observations, the writ petition is thus disposed of. No order as to costs.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. )