BENGALURU: A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed took serious note of the high-handed action on the part of Assistant Commissioner MG Shivanna and Tahsildar Shivappa Lamani, Bengaluru South sub-division, which caused irreparable loss and hardship to the rightful owners of properties.
Upholding the order passed by the single judge imposing cost and ordering inquiry against the two officers, the court was of the view that in fact, the single judge was lenient while imposing a cost of Rs 10,000 on the officers. It is because of these officers that a few houses in Bengaluru South taluk were demolished after the Assistant Commissioner passed an order for restoration and resumption on February 18, 2020, and on February 26, 2020, the court added.
The court said the authorities have misused their office for extraneous considerations and the single judge has rightly dealt with the matter. Therefore, the court was not inclined to interfere with the order passed by the single judge, imposing cost and ordering inquiry against the authorities.
The court noted that natural justice is an expression of English common law and involves a procedural requirement of fairness. The principles of natural justice are not embodied rules and are also not codified. But the same constitutes a necessary ingredient and requisite to ascertain whether due process is followed. Natural justice requires that a person receives a fair and unbiased hearing before a decision is made, that will negatively affect the party. The three main requirements of natural justice that must be made in every case are: adequate notice, fair hearing and no bias, the court said.