Show-cause notice crucial as it allows fair hearing before adverse action: HC

Srinagar, July 22: The High Court of J&K and Ladakh has underlined that show-cause notice is crucial because it allows a fair hearing before any adverse action is taken against the party to whom it is issued
One person namely Kamran Ali Khan had approached the court with the plea that Jammu Development Authority (JDA) after a lapse of five years issued a show cause notice and subsequently a cancellation order in 2012 regarding land measuring 1 Kanal 16 Marlas and 208 Sq. feet.

 “The show cause notice is crucial as it upholds the principles of natural justice by affording the notice an opportunity to respond to specific allegations and present his case,” said a bench of Justice Wasim Sadiq Nargal while allowing the petition. The show cause notice, the court underlined, ensures that the rights of the party to whom it is issued are protected and guarantees a fair hearing before any adverse action is taken.

“An order travelling beyond the bounds of notice is impermissible and without jurisdiction to that extent.”

In the instant case, the court said the authorities at no point of time gave an effective opportunity of being heard to the petitioner to defend the land allotted in his favour, despite the fact that he responded to the show cause notice “which transpires that the show cause notice has been served for a mere formality so as to warrant the issuance of cancellation order.”
“It appears to this court that the cancellation order has been passed in a hasty and slipshod manner without considering the genuineness of the allotment and the execution thereof,” the court said and eventually allowed the petition.
“….the instant petition is allowed. The impugned Order of Cancellation, which is an offshoot of the show cause notice, are hereby quashed,” the court said, adding, “Petitioner is directed to keep the amount of Rs 36,76,471/- (Rupees Thirty-Six Lacs, Seventy-Six Thousand, Four Hundred and Seventy-One) in the Account of respondent-JDA within a period of two weeks…”. Subject to doing the same, the court directed JDA to regularize the possession in favour of the petitioner on the basis of allotment order issued way back in the year 2007, followed by the lease deed issued in the year 2008. “The petitioner is at liberty to use the property in question.”