J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court
Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions legally unsustainable. Court Observations: After considering the rival contentions Justice Nargal began by emphasizing the necessity of adherence to procedural safeguards enshrined in COBOA, particularly the requirement that actions must strictly align with the grounds mentioned in the show cause notice. Upon reviewing the facts, the Court noted that the show cause notice under Section 7 alleged unauthorized construction on the second floor but did not reference any violations on the ground or first floors. Concluding that the demolition order issued by BOCA under Section 7 was procedurally defective, as it went beyond the allegations specified in the show cause notice under Section 7 Justice Nargal observed that such actions not only contravened statutory provisions but also violated principles of natural justice.
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