Property dispute lawyer: the order passed without considering the reply of Show Cause Notice is bad in law, demolition order set aside; SC.- 18:30
Supreme Court of India
Justice Subhash Reddy
The Show Cause Notice is mandatory to be issued, while passing orders in different proceedings before the administrative or quasi judicial bodies. Similarly, it is also the mandate of law that issue of Show Cause Notice is not just cursory, but the reply to the show Cause Notice also has to be considered while passing the order for which show Cause Notice has been given; the consideration must be reflected from the order itself.
In the case titled as "Cantonment Board Versus Afzal", the Supreme Court of India upheld the order quashing demolition order. It was upheld that notices were issued in a cavalier manner, in spite of submitting reply to the Show Cause Notice, the primary authority has not considered the replies and passed order in stereotype manner. It was further held that the orders were passed, more or less in identical manner, without giving opportunity of hearing.