An eviction appeal decided without a hearing violates natural justice and is unsustainable.

The petitioner challenged the Director of Estate’s order dated 22 July 2026 dismissing his appeal in OPP Appeal Case No. 14 of 2024(L), concerning alleged encroachment of Government land.

The order first recorded that the appellant was absent, but later stated that he had appeared at hearings and failed to produce documents supporting his claim.

The petitioner contended that the order was passed without affording him an opportunity of hearing.

The High Court considered the conflicting statements in the order and the requirements of a fair opportunity before eviction.

1. Whether the appellate order was passed in breach of natural justice by denying the petitioner an opportunity of hearing

2. Whether the appellate order should be set aside and the matter remitted for fresh consideration

The High Court exercised its jurisdiction under Article 226 of the Constitution of India.

It applied the principle of natural justice that a person affected by an eviction decision must be afforded a fair and reasonable opportunity of hearing.

It also referred to the Supreme Court’s directions in In Re: Directions in the matter of demolition of structure, 2024 INSC 866, including the requirement to provide a reasonable opportunity to affected persons before proceedings for eviction from Government land or demolition are taken up.

The appellate order’s record that the appellant was absent was inconsistent with its subsequent account that he had appeared but failed to produce documents.

In light of that contradiction, the High Court found that the petitioner had not been afforded a proper opportunity of hearing.

Because the appeal concerned eviction from alleged Government land, the fair-hearing requirement identified in the Supreme Court’s directions reinforced the need to set aside the order and provide an opportunity to present supporting documents.

It remitted the matter to the authority for fresh disposal from the relevant stage, with a reasoned order after giving the petitioner a fair opportunity to submit documents.

The petitioner was to receive no more than the opportunity necessary, with up to three weeks to produce relevant documents, and was directed to appear before the authority on 5 October 2026.