Natural justice in municipal appeals requires an effective hearing before summary rejection of a statutory appeal.

A statutory municipal appeal decided in a quasi-judicial capacity must be heard with an effective opportunity of representation, including oral hearing where sought, because natural justice attaches to the appellate process. The Municipal Council's summary reading and rejection of the appeal memorandum, without permitting the petitioner's advocate to be heard, was treated as an inadequate hearing and contrary to fair procedure. On that basis, the orders rejecting the appeal and affirming the demolition direction were liable to be quashed, and the matter required rehearing after a proper opportunity of hearing.

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Issues: Whether the petitioner's municipal appeal could be disposed of without affording an effective opportunity of hearing, and whether the orders confirming the demolition direction and rejecting the appeal were liable to be quashed.

Analysis: The appeal before the Municipal Council was required to be decided in a quasi-judicial capacity. A statutory right of appeal carries with it the requirement of a fair opportunity to be heard, which is part of natural justice. On the facts, the appeal memorandum was only read and rejected; it did not amount to a complete written representation of the petitioner's case, and the petitioner had expressly asked that his advocate be heard. In these circumstances, the Council's disposal of the appeal without giving an effective opportunity to present the case orally or otherwise was contrary to the principles of natural justice.

Conclusion: The orders rejecting the appeal and affirming the demolition direction were liable to be quashed, and the appeal had to be reheard after giving the petitioner an effective opportunity of hearing.

Ratio Decidendi: Where an appellate authority acts quasi-judicially, a statutory appeal must be decided after affording an effective opportunity of hearing, and a summary rejection of the appeal without such opportunity violates natural justice and is liable to be quashed.

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