Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha

The Allahabad High Court has quashed the demolition orders passed by Tehsildar, Agra against Radhasoami Satsang Sabha on grounds of violation of principles of natural justice. The Court held that a society needs more time compared to an individual to file reply to a notice since more stake holders are involved in a society.Justice Manish Kumar Nigam held “In considering reasonableness of the request for extension of time, it is not possible to ignore that a registered society is not an individual, who has to act on its own and therefore, involving a simple process of application of mind. A registered society is governed by its bye- laws and is composed of many members. The society and the office bearers of the society has a duty to defend the society and also the individual who constituted it after observing the due procedure as provided by the bye-laws of the society which required more time in contrast to individual who has to take a decision of its own.”The Court held that the petitioner being a registered society should have been given a reasonable time to reply to the notices. Further, it was observed that the Tehsildar had failed to consider the objections raised by the petitioner in its reply. “In any event, even if, one had any reasonable doubt, if reasonable opportunity had been denied or reasonable request for extension was turned down or whether reasonable opportunity had been given or would appear to have been given, one would rather resolve the doubt in favour of person affected rather than in favour of authority which exercise the power more particularly in case like this with unusual features. A cryptic reply turning down request was wholly arbitrary,” held the Court. Factual BackgroundRadhasoami Satsang Sabha is a Religious and charitable Society with the principle ‘Fatherhood of God and Brotherhood of Man’. Its headquarters is in Dayalbagh, Agra. The Sabha has founded and runs various educational and healthcare institutions. Petitioner entered into an agreement with the then Government of United Provinces in 1935 to provide water to agricultural lands of the petitioner for irrigation purposes. A nahar/canal was constructed which was running from river Yamuna on the southern side for 3.5 Km. with maintenance track on either side in its lands in Khasra Numbers 3, 326, 330 and 364 in Jaganpur and 205 in Sikanderpur and also through its lands in village Khaspur. For 85 years, the possession and use of land remained undisputed. It was alleged that due to pressure from land mafias, the District Administration, Agra illegally constructed a road over certain parts of Applicant’s land. Thereafter, in 2020, an illegal attempt to survey the property of the petitioner without any prior notice. Subsequently, in 2021, respondent authorities illegally demolished the wall erected on the Southern boundary of the Western side maintenance track of the Nahar in Khasra Number 330 of Jaganpur without any prior notice. Against this action, applicant had approached the High Court. However, before the petition could be heard, the authorities demolished the remaining portion of the wall. On a mention made of the writ petition, an order of status quo was passed by the High Court which is in operation till date.Thereafter, in September 2023, Petitioner received two show cause notices issued by Tehsildar (Sadar), Agra requiring it to show cause as to why its construction over the disputed land be not removed. Petitioner appeared on 22nd September and sought 15 days time to file objections. However, the Tehsildar gave time till 4pm on the same day to file objections. Though petitioner filed a response stating that the Tehsildar had not jurisdiction in the matter, on the next day, prior to passing demolition orders, the Authorities reached at property of the petitioner and began demolishing the gate and boundary walls. Thereafter, on the next day, 24th September, the police lathi charged the karsevaks who had gathered on the fields of Radhasoami Satsang Sabha without any warning or notice. It was alleged that women and children were also injured in the lathi charge by the police. On the 24th, petitioner was served with notices for demolition dated 14th September, and the orders passed on 22nd September for demolition. Accordingly, petitioner approached the Court alleging illegal demolition. The High Court order that status quo be maintained on the property. Counsel for petitioner alleged violation of principles of natural justice as notices were not served on the petitioner before passing the demolition orders for certain plots of land. Further, it was argued that providing time till 4pm is denial of opportunity to the petitioner to contest its case. Objections regarding jurisdiction ought to have been dealt with before passing demolition orders. However, the same was not done by the Tehsildar. It was submitted that the petitioner had encroached upon any public land and the entire proceedings were arbitrary. Per Contra,...

Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha

Upasna Agrawal

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