JUDGMENT The petitioner is aggrieved by the Order dated 24.3.98 of the Addl. Distt. Judge, Indore, passed in Misc. Appeal No. 86/97 filed by the petitioner u/s. 293 (3) of the M.P. Municipal Corporation Act, 1956, which arose from the Order dated 23/8/97 of the Commissioner, Municipal Corporation, Indore, intimating the petitioner that his permission for construction has been suspended by the Government. The main grievance of the petitioner is that he was not granted any opportunity of hearing either by the Government or by the Commissioner before suspending his permission of construction. It was pointed out that the Appeal Committee of the Municipal Corporation, Indore, had by its order dated 30.7.95 accorded permission for construction to the petitioner on the conditions : one that the petitioner shall pay composition fee Rs. 15000/-, and two that he would obtain permission for diversion from the Revenue Authorities under the provisions of M.P. Land Revenue Code, 1959. It is further submitted that the petitioner not only deposited with the respondent-Corporation Rs. 15,000/- on 24.7.95, but also obtained necessary permission for diversion vide order dated 21.2.97 passed by the Sub-Divisional Officer, Indore. After compliance of these conditions the appellant again submitted map for sanction with the Corporation authorities on 24.4.97 but no order of refusal or sanction was communicated to the petitioner until 23.8.97 on which date for the first time, he was informed that his permission has been suspended under orders of the Government. Having heard learned counsel for the parties, I am of the view that this revision must succeed and the case should go back to the Commissioner, Indore Municipal Corporation, Indore, for decision afresh after giving opportunity of hearing to the appellant. This Court in Girishkumar ( 1985 JLJ 582 ) has quoted following observation of Hon'ble the Supreme Court made in Siemens Engineering ( AIR 1976 SC 1785 ) :- "It is essential that administrative authorities and tribunals should accord fair and proper hearing to the persons sought to be affected by their orders and give sufficiently clear and explicit reasons in support of the orders made by them. Then alone administrative authorities and tribunals exercising quasi-judicial function will be able to justify their existence and carry credibility with the people by inspiring confidence in the adjudicatory process".
Then alone administrative authorities and tribunals exercising quasi-judicial function will be able to justify their existence and carry credibility with the people by inspiring confidence in the adjudicatory process". It was thus held that the Order of the Government u/s. 421 of the Act of 1956 modifying its earlier order without affording opportunity of hearing to the appellant was vitiated being contrary to the principles of natural justice. In the instant case also neither the State Government nor the Commissioner granted any opportunity of hearing to the appellant before passing the order of suspension and cancellation of permission. I thus allow this revision, set aside the order dated 24.3.98 of the addl. Distt. Judge, Indore, as also the Order dated 23.8.97 of the Municipal Commissioner, Indore and direct that the matter shall go back to the Municipal Commissioner, Indore, for decision afresh giving the applicant an opportunity of hearing. The petitioner is directed to appear before the Municipal Commissioner, Indore, on 24.8.98.