Court Upholds Principles of Natural Justice, Mandates Proper Procedure Before Encroachment Removal
In a significant judgment, the Madras High Court quashed a notice issued by the Greater Chennai Corporation demanding the removal of an alleged encroachment. The court found the notice to be premeditated and in violation of principles of natural justice. The petitioner, R. Jaya, challenged the notice dated September 15, 2025, which directed her to remove a temple encroachment on a public road within seven days. The court ruled that the notice amounted to a pre-judgment without providing an opportunity for the petitioner to defend herself.
The bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, emphasized the necessity for adherence to the principles of natural justice before taking any action that results in civil consequences. The judgment pointed out that the authorities had already decided on the removal, as evidenced by the language of the notice, which left no room for a fair hearing.
The court highlighted that the Tamil Nadu Urban Local Bodies Act, 1998, particularly Section 128, mandates the issuance of a proper show cause notice and the provision of a reasonable opportunity for representation before any encroachment can be removed. It criticized the corporation for not complying with this statutory requirement and for ignoring previous court directions which had called for an investigation and adequate hearing before proceeding with any removal action.
This ruling underscores the judiciary's commitment to uphold procedural fairness and protect individuals from arbitrary administrative actions. The court has allowed the corporation to initiate fresh proceedings, ensuring that due process is followed.
Bottom Line:
Principles of natural justice must be followed before removal of encroachments. A notice that appears to be a premeditated decision rather than a proper show cause notice is invalid and can be challenged.
Statutory provision(s): Tamil Nadu Urban Local Bodies Act, 1998 Section 128
R.Jaya v. District Collector Chennai District, (Madras)(DB) : Law Finder Doc id # 2857146
