Demolition of property without prior intimation is violative of principles of natural justice

Bal Kishan Gupta Vs D.D.A (Delhi High Court)

Delhi High Court held that demolition of property without prior intimation or show cause notice is violative of principles of natural justice and cannot be permitted.

Facts- Mr. Jiwan Mal, son of Mr. Lal Chand held and occupied property bearing No. T-5139 A-1, Pusa Road, Karol Bagh, New Delhi (“premises/property”), single storey built by him in 1948-49 when the provisions of Punjab Municipal Act were applicable to such buildings in Delhi.

In February 1966, the DDA demolished portions of the property. Mr. Jiwan Mal filed a civil suit for recovery of damages. The respondent-DDA and its concerned officers filed their written statement alleging that Mr. Jiwan Mal was a trespasser on the government land, having no right and interest in the premises. The learned Sub-Judge 1^st Class decreed the suit on 17.12.1975. It held the demolition by the defendants to be illegal and unlawful and awarded damages. An appeal as well as a civil revision was filed by the DDA and both were dismissed on 20.09.1978 and 06.01.1986 respectively. No further appeal was filed against the decision of the High Court.

Again, on 24.05.2005, the DDA backed by local police carried out demolition on the first floor of the property without any notice or verbal/written communication to the petitioner. It was stated that the whole structure would be taken down within 15 days and the petitioner would be dispossessed from the site.

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