ZULFIQUAR HAIDER & ANR v. STATE OF UTTAR PRADESH & ORS

PDA”). (1) Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction referred to in Section 14 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, in relation to the development area, then, without prejudice to the provisions of Section 26, [the Vice-Chairman or any officer of the Authority empowered by him in that behalf] may make an order directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than fifteen days and more than forty days from the date on which a copy of the order of removal, with a brief statement of the reasons therefore, has been delivered to the owner or that person as 2 may be specified in the order and on his failure to comply with the order, [the ViceChairman or such officer] may remove or cause to be removed the development, and the expenses of such removal as certified by [the ViceChairman or such officer] shall be recoverable from the owner of the person at whose instance the development was commenced or was being carried out or completed as arrears of land revenue and no suit shall lie in the Civil Court for recovery of such expenses: Provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. (2) Any person aggrieved by an order under Sub-section (1) may appeal to the (Chairman) against that order within thirty days from the date thereof and the [Chairman} may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. (3) The [Chairman) may stay the execution of an order against which an appeal has been filed before it under Sub-Section (2). (4) The decision of the (Chairman) on the appeal and, subject only to such decision, the order under Sub-section (1) shall be final and shall not be questioned in any Court. (5) The provisions of this section shall be in addition to, and not in or derogation of, any other provision relating to demolition of buildings of contained in any other law for the time being in force.” directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law. A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later. ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question. iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. 5 iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today. v. The notice shall contain the details regarding: a. the nature of the unauthorized construction. b. the details of the specific violation and the grounds of demolition. c. a list of documents that the notice is required to furnish along with his reply. d. The notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place; 6 vi. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available.” (1) All notices, orders and other documents required by this Act or any rule or regulation made and there under to be served upon any person shall save as otherwise provided in this Act or such rule or regulation be deemed to be duly served - (a) Where the person to be served is a company if the document is addressed to the secretary of the company at its registered Office or at its principal office or place of business and is either- (i) sent by registered post, or (ii) delivered at the registered office or at the principal office or place of business of the company, 7 (b) where the person to be served is a firm, if the document is, addressed to the firm at its principal place of business, identifying it by the name or style under which its business is carried on and is either- (i) sent by registered post, or (ii) delivered at the said place of business; (c) where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the as secretary, treasurer or other chief officer of that body, corporation or society at its principal office, and is either- (i) sent by registered post. Or (ii) delivered at that office., (d) in any other case, if the document is addressed to the person to be served and- (i) is given or tendered to him, or (ii) if such person cannot be found is affixed on some conspicuous part of his last known place of residence or business, if within the development area or is given or tendered to some adult member of his family or is affixed on some conspicuous part of land or building to which it relates, or (iii) Is sent by registered post to that person. 8 (2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed 'the owner' or 'the occupier' as the case may be of that land or building (naming, that land or building) without further name or description, and shall be deemed to be duly served- (a) If the document so addressed is sent or delivered in accordance with Clause (d) of Sub-section (1), or (b) If the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. (3) Where a document is served on a firm in accordance with Clause (b) of Sub-section (1), the document shall be deemed to be served on each partner of that firm. (4) For the purpose of enabling any document to be served on the owner of any property, the secretary to the Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof. (5) Where the person on whom a document is to be served is a minor the service upon his guardian or any adult member of his family be deemed to be service upon the minor. (6) A servant is not a member of the family within the meaning of this section.”