Allahabad High Court Order Date: December 05, 2022

Vikas Builders vs Ghaziabad Development Authority

Citation: Writ - C No. - 8920 of 2022

Judicial Precedent & Core Ruling

What The Court Ruled:

Prior to sealing or demolishing property for unauthorized construction, the Authority must issue a show-cause notice under Section 27(1) with adequate time for reply; demolition without such notice breaches natural justice and is legally invalid.

Facts of the Case / Dispatch:

The builder challenged GDA's demolition order for unauthorized construction under the U.P. Urban Planning and Development Act, 1973, alleging lack of proper show-cause notice and hearing.

Legal Domains: # Property Law # Specific Relief # Mutation

Complete Case Order / Dispatch View Verified Source

The petitioner builder challenged the demolition order passed by GDA under the U.P. Urban Planning and Development Act, 1973. The Court held that prior to sealing or demolishing a property for unauthorized construction, the Authority is statutorily bound to issue a show-cause notice under Section 27(1) giving adequate time to reply. Demolition without proper notice and hearing violates the principles of natural justice and is legally unsustainable.

Legal Notice: This summary and text are reproduced for public awareness and legal research. Litigants referencing this precedent should verify with official certified copies before presenting in court proceedings.

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