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by Admin
07 May 2024 2:49 AM
In a recent judgment, the Kolkata Municipal Corporation’s (KMC) demolition proceedings have been upheld by the court, dismissing the appellant’s challenge. The judgment, dated December 8, 2022, has significant implications for premises co-owned by the appellant, who contested the initiation of demolition proceedings by KMC under Section 400(1) of the KMC Act, 1980.
Service of Notice via Speed Post Deemed Acceptable: The court ruled that notices sent via speed post, including the one for the hearing scheduled on June 15, 2017, were valid, contrary to the appellant’s claim that they should have been sent via registered post as per Section 557(1) of the KMC Act.
Opportunity to Be Heard Acknowledged: While the appellant argued that his constitutional right to be heard was infringed due to non-receipt of notice, the court noted that Section 400(1) of the KMC Act doesn’t expressly require a personal hearing. It pointed out that the appellant had been offered hearings and had participated in earlier proceedings, satisfying the principles of natural justice.
Failure to Avail Statutory Remedy Leads to Dismissal: The judgment also emphasized the appellant’s failure to avail the statutory remedy of appeal before the Municipal Building Tribunal within the prescribed time frame under the KMC Act. The court opined that the writ court should not entertain the application as the appellant allowed the statutory remedy to become time-barred.
The court ultimately upheld the ju”gmen’ and order dated December 8, 2022, and the demolition order dated June 19, 2017. It highlighted that the appellant had received adequate notice and opportunity to show cause against the demolition proceedings. The failure to avail the statutory remedy within the prescribed time frame led to the dismissal of the appeal.
This judgment reaffirms the importance of following due process in municipal matters and the significance of timely statutory remedies.
Date of Decision: 19.10.2023
Md. Ali Mirza VS Kolkata Municipal Corporation & Ors.
