Unlawful residential demolition for defective notice service and denial of fair hearing violates natural justice and shelter rights.

Residential demolition under the Uttar Pradesh Urban Planning and Development Act was found unlawful because proper service of the show-cause notice and demolition order was not effected and a reasonable opportunity to respond was denied. The record showed inadequate attempts at personal service, improper resort to affixation, and failure to use registered post correctly for the initial notice and order. Because the communication reached the occupants only shortly before demolition, the statutory appeal remedy was effectively defeated. The action was therefore contrary to due process, the principles of natural justice, and the constitutional right to shelter under Article 21, with relief and costs awarded.

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Issues: Whether the demolition of the appellants' residential structures was illegal for want of proper service of the show-cause notice and demolition order and for denial of a reasonable opportunity under the governing statute and constitutional protections.

Analysis: The demolition was purportedly taken under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973. The statutory scheme required a reasonable opportunity to show cause before demolition, and Section 43 governed service of notices and orders. The Court found that genuine efforts for personal service were not made, affixation was resorted to without adequate attempts, and the registered post mode was not properly employed for the initial notice and demolition order. The subsequent communication reached the appellants only shortly before demolition, effectively depriving them of the statutory appeal remedy. The action was held to be contrary to due process, the principles of natural justice, and the constitutional right to shelter under Article 21.

Conclusion: The demolition action was illegal and arbitrary, and the appellants were entitled to relief including costs.

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