Case Name: Shri Prakash Ramchandra Rathi & Ors vs The State Of Maharashtra, Thr. Its Secretary, Urban Development Dept., Mumbai & Ors

Citation: Writ Petition No. 916 of 2019

Bench: Chief Justice Vinay Joshi

Decided on: 9th December 2021

While hearing a writ petition, the Bombay High Court’s Single Bench, led by Chief Justice Vinay Joshi, held that even if a statute is silent and there are no positive words in the relevant legislation, there could be nothing wrong with spelling out the need to hear the parties whose rights and interests are likely to be affected by the orders that may be passed thereunder, and making it a requirement to follow a fair procedure before the orders are passed.

Observations of the Court

The Bench observed that:

“Although section 127 of the Maharashtra Regional Town Planning Act, 1966 does not in terms provide for any opportunity of hearing to be given either to the sender of the purchase notice or the objector, it does not at the same time exclude natural justice either expressly or by implication. Law seems to be well-settled that even if a statute is silent and there are no positive words in the relevant legislation, there could be nothing wrong in spelling out the need to hear the parties whose rights and interest are likely to be affected by the orders that may be passed thereunder, and making it a requirement to follow a fair procedure before taking a decision, unless the statute provides otherwise.”

Judgment

The Writ Petitions along with pending applications (if any) were disposed of, without costs.

LEAVE A REPLY

Please enter your comment!
Please enter your name here