Fashionable For Local Bodies To Demolish Houses Without Complying With Natural Justice: MP HC
Context: Demolition of Houses by Local Authorities
Local bodies, such as municipal corporations or development authorities, often have powers to remove unauthorized constructions or encroachments. However, such demolition actions must be carried out following fundamental principles of natural justice to ensure fairness and legality.
What is Natural Justice?
Natural justice broadly includes:
Right to a Fair Hearing (Audi Alteram Partem): Before taking any adverse action, the affected person should be given a chance to explain, defend, or rectify.
No Bias (Nemo Judex in Causa Sua): The decision-maker must be impartial.
The Problem Highlighted by MP High Court
The MP High Court noted that it has become “fashionable” for local bodies to carry out demolition drives without providing affected owners any prior notice or hearing.
Authorities often demolish houses without serving show cause notices, without opportunity to be heard, and without reasons recorded.
This practice violates the basic tenets of natural justice and causes irreparable harm to homeowners.
Why Does This Matter?
Violation of Natural Justice: Demolitions without notice or hearing deny the affected party a chance to explain or correct defects, leading to arbitrariness.
Irreparable Harm: Demolition often results in loss of property and livelihood, which cannot be compensated by mere monetary relief later.
Rule of Law: Acts of government bodies must be fair, reasonable, and lawful. Skipping natural justice undermines public trust and constitutional governance.
Case Law Reasoning (Based on MP HC Observations)
The MP High Court condemned this trend, stating that such casual demolitions violate the very essence of fairness and legality.
The court held that local bodies must follow procedure and provide an opportunity to the owner to be heard before demolishing.
Demolition without notice is tantamount to punishing first and enquiring later, which is impermissible.
The court often directs that prior notices, chances of hearing, and reasoned orders must precede any demolition to prevent injustice.
Illustration
Imagine a municipal authority demolishes a house alleging unauthorized construction. They arrive early morning, break the structure, and clear it without any prior notice or hearing. The homeowner is left helpless. The court, on challenge, will likely hold this action illegal and violative of natural justice because the homeowner was denied any opportunity to present their case or remove the alleged violation voluntarily.
Summary
The MP High Court has observed that local bodies frequently demolish houses without complying with natural justice, which is legally and morally wrong.
Every demolition must be preceded by notice, hearing, and reasoned decision.
This protects property rights, upholds fairness, and maintains trust in the administration.
The court acts as a guardian against arbitrary state action, ensuring that even administrative actions meet due process standards.
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