Fair hearing in demolition dispute leads to remand for fresh consideration after disclosure of relied-upon material.

The High Court's order upholding demolition was set aside because the parties had not been given a fair opportunity to meet the plans and materials relied upon by the authority. As the dispute concerned the fairness of the process adopted in relation to demolition of structures, the matter was remanded for fresh consideration after both sides were allowed to file affidavits and documents. The merits of the rival claims and the legality of the demolition action were not examined, and no view was expressed on those issues. The writ petition was restored for disposal on merits after hearing all parties.

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Issues: Whether the High Court's order upholding demolition should be set aside and the writ petition remanded for fresh consideration after affording the parties an opportunity to meet the material relied upon.

Analysis: The impugned orders had proceeded on plans and materials produced by the authority, while the appellant asserted that those materials had not been disclosed or explained to it. As the dispute related to demolition of structures and the fairness of the process adopted by the authority and accepted by the High Court, the matter required reconsideration after both sides were given an opportunity to file affidavits and documents. The merits of the rival claims were not examined and no view was expressed on the legality of the demolition action.

Conclusion: The order of the High Court was set aside and the writ petition was restored for fresh disposal on merits after giving opportunity to all parties.

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