2007 (12) TMI 521 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in the judgment include the legality of the demolition order passed by the High Court based on plans produced by MIDC, the lack of awareness of materials relied on by the High Court by the appellant, and the violation of due process requirements under the statutes.

Summary:

Issue 1: Legality of Demolition Order
The appellant, M/s Trig Guards Force Ltd., challenged the order for demolition of their shop by MIDC, alleging mala fide intentions and lack of proper notice under the MRTP Act. The High Court upheld the demolition order based on unauthorized construction. The Supreme Court, after considering the contentions of both parties, remanded the matter to the High Court for fresh disposal, emphasizing the need for all parties to have an opportunity to present their claims and evidence.

Issue 2: Lack of Awareness of Materials
The appellant contended that they were not provided with the materials relied upon by the High Court in passing the demolition orders. The Supreme Court acknowledged this lack of awareness and directed the High Court to afford all parties the opportunity to present their claims supported by documents, ensuring a fair and informed decision-making process.

Issue 3: Violation of Due Process
The appellant argued that due process requirements were not followed by MIDC in the demolition proceedings, including lack of effective hearing, denial of information, and exceeding jurisdiction by the High Court. MIDC refuted these contentions, stating that statutory appeal and revision procedures should have been exhausted before approaching the High Court. The Supreme Court did not delve into the specifics of these contentions but focused on the need for a fresh disposal of the case to uphold principles of natural justice.

In conclusion, the Supreme Court remanded the matter to the High Court for a fresh decision, allowing all parties to present their claims and evidence within a specified timeframe. The Civil Appeals were disposed of with no costs imposed.