Municipal demolition notices issued without statutory show-cause opportunity violate natural justice and are invalid.

The Executive Officer, NAC, Khariar issued notices dated 4 May 2026 to the petitioners, alleging that a house stair slope had been illegally constructed on an NAC road and obstructed public movement.

The notices required demolition within three days, failing which the NAC would demolish the construction.

The petitioners challenged the notices under Articles 226 and 227 of the Constitution, contending that they had received no prior opportunity of hearing.

The Court considered the matter at the threshold of admission.

1. Whether the demolition notices were issued in conformity with the procedure prescribed by Section 249 of the Orissa Municipality Act, 1950.

2. Whether issuing notices requiring demolition without first providing the petitioners a reasonable opportunity to show cause violated the principles of natural justice.

Section 249(1) of the Orissa Municipality Act, 1950, as quoted by the Court, requires the Executive Officer to issue a notice enabling the alleged offender to show sufficient cause against alteration or demolition; under Section 249(2), an order directing alteration or demolition may follow if sufficient cause is not shown.

The Court applied the principle that an authority must act within the procedure prescribed by statute and afford a reasonable opportunity of hearing before taking action adversely affecting a person.

The notices did not invite the petitioners to show cause as contemplated by Section 249; instead, they required demolition within three days and threatened demolition by the NAC.

The Executive Officer had proceeded directly to a demolition demand without first following the statutory show-cause procedure.

The Court therefore held that the authority had acted beyond its jurisdiction and contrary to the Act, and that the absence of a reasonable opportunity also violated natural justice.

It remitted the matter for fresh disposal and directed the Executive Officer, NAC, Khariar, to serve fresh notice on the petitioners and provide them a reasonable opportunity of hearing in accordance with law.

The petitioners were directed to cooperate.