Manju Agarwal vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Petitioner constructed a shop within municipal limits of Kotdwar after purchasing land from one Mr. Ajit Kumar Garg.

Executive Officer, Nagar Palika Parishad, Kotdwar has passed an order on 02.03.2017, whereby petitioner, along with certain other persons, was

asked to remove her unauthorized construction over public land. Thus, feeling aggrieved, petitioner has approached this Court.

Learned counsel for the petitioner submits that the impugned order has been passed in absolute disregard of Principles of Natural Justice as no

notice nor any opportunity of hearing was given to her.

Nagar Palika Parishad, Kotdwar had not filed any counter affidavit so far, therefore, the averment regarding violation of Principles of Natural

Justice, made in paragraph no. 1 of the writ petition, remains un-rebutted.

It is settled position in law that any order, which entails civil or evil consequences to a person, can be passed only after providing reasonable

opportunity of hearing.

Having regard to the facts and circumstances of the case, writ petition is disposed of by providing that petitioner shall give reply to the impugned

order by treating it to be a notice, within 15 days from today. Petitioner shall enclose all documents to substantiate her claim regarding title over the

subject land, with her reply. The Executive Officer, Nagar Palika Parishad shall consider petitioner’s representation and also the documents, if

any, filed by the petitioner and take appropriate decision, in accordance with law, within six weeks thereafter.

For a period of six weeks or till decision is taken on petitioner’s reply, whichever is earlier, status quo regarding shop in question shall be

maintained.