Section 80 Demolition Notice: What It Is & How To Submit It
What is a Section 80 Demolition Notice? If your considering demolishing an existing building you will need to submit a demolition, Section 80 Notice together with your (RAMS) to your local authority according to section 80 of the buildings Act Dec 03, · Section 80(1) of Civil procedure Code gives the name of the offices wherein the notice has to be in writing and delivered to or left according to the category they owe to: Firstly, where the suit is instituted against the central government: the notice has to be given in the office of the Secretary to that Government provided if the case is.
Section 80 of CPC : Whenever the legal rights of any individual or group of individuals notce been violated, The legal framework of our country provides us the right to sue that individual or group of individuals whosoever did such violation.
In the case where the suit lies between Individual v. Individualthe notice is not necessarily be given to the defendants by the plaintiff before the institution of the suit.
On the other sfction, this is not the case anymore when the government or any public officer comes into the picture. For instituting the suit against the government or any public officer who commits that particular act in the sectiom of his office, provisions of Section 80 of CPC or Civil procedure Code shall have to be applied, where the plaintiff notlce to send a notice within the period of two months.
Otherwise, the plaintiff cannot institute a suit in the court if notice is not given. Section 80 of CPCgives a rule of procedure. This section puts an obligation on the plaintiff wgat give prior notice to the government or against any public office before the institution of a suit in civil court.
In State of Maharashtra v. Chander Kant . It was observed that the notice must be given in all the cases where the suit is instituted against the government. However, in the case of the suit instituted against the public officer, the notice must be given only where act purporting to be done by him in the discharge of his duty. Otherwise, no notice notce required.
Section 80 1 of Civil procedure Code gives the name of the offices wherein the notice has to be in writing and delivered to or left according to the category they owe to:. Section 80 of CPCwas made keeping in mind the public interest where time and money dection are saved.
This section gives an opportunity to the government or to any public officer to attains the legal position, set right the claims asked by the plaintiff if those claims appear to be just and proper.
After taking the legal advice, an appropriate decision must be given by the government within two months. The intention of the legislation is that money and time how to draw father christmas not wasted on unnecessary litigation. This section also gives guidance to the public officer and the government to negotiate with the plaintiff who is being infringed, for the sake of justice to both the parties. In Bihari Chowdhary v.
State of Bihar Supreme Court has held that. Section 80 of CPC has become the reason for hardship in many cases where immediate reliefs were-required to be given. This was noted by the Law Commission of India in its 14th report. Furthermore, the proper use of this opportunity was not made by the government or the public officer.
The notice was remained unanswered by them and they use this provision as a technical defense. Next 27th report of law commission of India came. These questions arose and some observations were made regarding the provision which no other country follows, governed by Anglo- Saxon system of law. It was further sectino that India is a democratic country which means there should be no distinction be made between the citizen and the state as mentioned in Section Following are the essentials required to draft sectipn notice under Section 80 of CPC:.
What is a section 80 notice the case of State of A. Gundugola Venkata under this case, important points were mentioned which the dhat has to look into to check whether the essential requirements of the notice are followed or not. This is given as follows:. A notice under section 80 of CPC is given which brings to the whhat of government or any public officer against whom the suit has been filed and the act which they have committed has caused wrongful loss to the party filing the suit or in other words the legal right of the plaintiff is infringed and he has moved to the court to get redressal.
But there what does the tooth fairy do with all those teeth certain important things which have to be kept in mind while drafting it. The initial and pertinent step is writing the letterhead — It includes the following things: names, addresses, and contact details of not only the plaintiff but also the advocates, the government, sectionn any public officer.
It how to stop emotional overeating be specific and not vague to reach the concerned authority or officer within time. After the writing of letterheads, details of the cause of action must be written.
Now the important point comes for which the plaintiff has moved to the court that is specifying what is a section 80 notice relief to be claimed by him and mentions the time period of 15 to 30 days within which the defendants has to make a reply. In the case of dishonour of notice, the future set of actions that will be taken by him has to be mentioned in this paragraph itself.
Signature — if the notice is sectiion by the plaintiff himself then he has to put his signature on the notice. But if any advocate has drafted this notice then the signature of that advocate sectkon necessary followed by the signature of the client i. This is estoppel against the person who is serving the notice if in case he denies giving details specified in the notice. There can be no room left for the doubt that nohice given in botice 80 of CPC are for the benefit of both parties where principles of justice are invoked.
India is a democratic country but still, somewhere difference arises between the state and the citizens. These authorities are in habit of avoiding the notices secfion by the plaintiff which works as hardship and results in questions that are w. Hence, it is advisable to take help from an advocate for drafting the notice so whay there leads to no intricacies.
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What is a Section 80 Demolition Notice?
What is a Section 80 Demolition Notice? First featured in the Building Act, the notice represents the intention to demolish a whole or part of a building. The persons with the intention to do so must notify their local authority before the work is carried out. Mar 21, · Editor’s Note: Section 80 of the CPC provides for sending a notice to the government or a public officer if one wants to institute a suit against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity until the expiration of . Section 80 of The Code of Civil Procedure, provides for sending of a legal notice to the Government or public officer if one wants to initiate a legal action against them for any act claimed to be done by such public officer during the course of his official duty until the expiration of two months.
The object of the notice is to give Secretary of State or the public officer an opportunity to reconsider his legal position and to make amends or afford restitution without recourse to a court of law. T his section has been enacted as a measure of public policy and the underlying purpose is the advancement of justice and securing of public good by avoidance of unnecessary litigation.
The Supreme Court, in the landmark case of Bihari Chowdhary v. Suits between individuals require no notice to be given to the defendant by the plaintiff before the filing of a suit.
However as per Section 80 of the Code of Civil Procedure, , no suit will be instituted against the Government or against a public officer with regards to any act done by such an officer in his official capacity, until the expiration of two months after the notice in writing has been delivered to, or left at the office of:.
The amendment to this section had made some changes in By the amending act of section 80 has been extensively amended. Main changes consist of in the insertion of subsection 2 and 3 which are totally new. Subsection 3 prohibits dismissal of a suit where the notice, has been given but suffers from certain technical deficiencies.
It is expected from public authorities that they will let the plaintiff know their stand within the statutory period or in any case if has chooses to take up litigation. In certain cases, the court may be obliged to draw an adverse presumption if the notice is not acknowledged or telling the plaintiff of its stand and if no stand is taken during the trial it may be considered as an afterthought.
Section 80 enumerates two types of cases i suits against the government, and ii suits against public officers in respect of acts done or purporting to be done by such public officers in their official capacity. Regarding the former, the notice is required to be given in all cases. A statutory body may be an instrumentality of the state within the meaning of Art. This section is explicit and mandatory and admits of no implications or exceptions. If the provisions of the section are not complied with, the plaint must be rejected under O.
Section 80 is mandatory and a suit filed before the expiry of the period of two months, which does not necessarily mean 60 days but has to be calculated month-wise [xiv] , after the serving of notice as per S. The Law Commission of India did not favor in retaining the provision of issuing notice under S. It cited as a reason, inter alia, the hardship involved in a large number of cases where immediate relief was needed.
The evidence disclosed that in a large majority of cases, the Government or the public officer made no use of the opportunity afforded by the section. In most cases, the notice remained unanswered. The matter was again considered by the third Law commission in the twenty-seventh report where it noted that it was unable to find a parallel provision in any other country governed by the Anglo-Saxon system of law.
It opined that in a democratic country like India there should ordinarily be no distinction, as is created by Section 80, between the citizen and the State. In considering whether the essential requirements of the section have been complied with, the Court should ask the following questions: [xx].
The statutory notice served in pursuance of section 80, serves the objective of providing an opportunity to the government or a public officer to take the matter in the reconsideration and take an appropriate decision which is in accordance with law. The notice by itself was not intended to be an empty formality but it has become one. The administration is often unresponsive and shows no courtesy even to intimate the aggrieved party why his claim is not accepted [xxi].
The reason behind the enactment of this section was as a measure of public policy, the purpose was the advancement of justice and securing of the good of the people by avoiding unnecessary litigation. Krishna Iyer J. A statutory notice of the proposed action under S. Now S. The law commission was in fact against the provision of issuing a notice under section 80, before more than fifty years it has noticed that the section had inflicted hardship in cases where immediate relief was needed and in most of the cases the notice remained unanswered.
The provisions in section 80 are express and explicit by themselves and make the serving of notice mandatory by not admitting any implications or exceptions. They are imperative in nature and must be strictly complied with.
Notice whether under section 80 is the first step in the litigation. If a section had done injustice, it is a matter which can be rectified by the legislature and not by a court. A plaintiff filed a suit to stop the tax officer from selling the suit property he purchased from the defendant, who was in arrears of income tax, it was held by the court that the central government was a necessary party to the suit. Hence unless a notice has been served under Section 80, the suit will not be maintainable [xxv].
The section is imperative and must undoubtedly be strictly construed; failure to serve a notice complying with the requirements of the statute will entail dismissal of the suit.
Construction of Notice: As mentioned before the compliance with section 80 by serving a notice is mandatory. But it is a procedural provision, a means by which the court impart justice. A notice under this section must not be construed in a pedantic manner divorced from common sense [xxvii].
Pollock has stated that We must import a little common sense into the notice of this kind. A statutory notice must be reasonably construed, keeping in mind the ultimate objective that an interpretation should not lead to injustice. The question has to be decided by reading the whole notice in totality and in a reasonable manner. If the notice on such a reading the court is satisfied that the information which was necessary to be provided to the defendants by the plaintiff was in fact provided, inconsequential defects or error is immaterial and will not vitiate the notice.
The provisions of the section are not intended to be used as booby-traps against ignorant and illiterate persons. Likewise, it also covers the past as well as future acts. All acts done or which could have been done under the color or guise by an officer in the ordinary course of his official duties would be included therein [xxx].
If the allegations in the plaint relate to an act which was purported to be done by a public officer in his official capacity means that the said act must be such that it could be done ordinarily by a person in the ordinary course of his official duties. It does not cover acts outside the sphere of his duties [xxxi] There must be something in the very nature of the act complained of which attaches to the official character of the person doing it.
The test to be applied in these cases is whether the officer can reasonably claim protection for the acts that he commits or that it was performed by him purely in his private or individual capacity. In the case of him claiming protection notice under Section 80 is necessary, and in case it was performed by him purely in his private or individual capacity it is not. Although, Under Section 80 of the civil procedure code mandates issuance of a notice for the institution of notice, it is considered to be a mere procedural requirement and not a substantive need.
This is because the issuance of a notice does not necessarily affect the jurisdiction of the court in question. In the case of Dhina Singh v. Union Of India , It was held that this notice is for the benefit of the government or the public officer, it is the prerogative of the government to choose to waive the right [xxxiv]. Furthermore in the case, Commr. Of taxes v. Golak Nath , it was held by the courts that the facts of the particular case were vital to see if the right could be waivered or not.
No particular has been prescribed under the code. Due to the above, there is no need to give it in any particular form to give a notice under Section The mere satisfaction of all conditions prescribed in this section is sufficient. Also, in the Amar Nath v. Union of India , it was held that the notice must merely inform the opposite party about the nature and the basis of the claim and relief sought.
A notice submitted under section 80 of the civil procedure code must be given to, or left at the office of, the appropriate authority specified. This was held in the State of A. Gundugola Venkata [xxxvii]. IT has been specified in the code as to who the appropriate authority is under section As per the section, it must be given to the secretary of the department or the collector of the district.
The section, however, does not prohibit the personal delivery of the notice. It further allows the notice to be sent through registered post. The Code of Civil Procedure Amendment Act, gives a lot of clarity on a suit issued against the government if there is a defect in the notice issued.
The Amendment added Subsection 3 to section 80 whereby it has been explicitly stated that no suit against the government has been dismissed merely on the ground of defective notice.
It also adds that in such a case the name, residence or the residence of the plaintiff is specified in the notice, allowing for the identification of the plaintiff in the notice delivered or left at the authority or public officer and the cause of action and the relief claimed by the plaintiff had been substantially indicated therein. This means that if the notice contained basic details, it would be sufficient. The above amendment to the code was made with the intention that justice is not denied to the aggravated parties on the grounds of technical defects.
Therefore, a notice under section 80 cannot be held to be invalid and no suit can be dismissed on the grounds that there has been a certain technical defect or error in the notice delivered or on the ground that such notice was served in an improper way.
In copulating the period of limitation for instituting a suit against the government or public officer, the period of notice has to be excluded. Through the amendment made to the civil procedure code in , subsection 2 was added to section As per this, the aggrieved party can institute a suit against the government for obtaining urgent or immediate relief with the leave of the court even without serving the notice to the government or public office.
The main objective of this is to prevent any failure or miscarriage of injustice in urgent cases. It is the urgency and immediate relief which would weigh with the court while dealing with a prayer to dispense with the requirement of notice and not the merits of the case. As per Section 80 of the code, it can be stated that a writ petition filed under article 32 and article of the constitution does not constitute a suit as per the definition and scope of this section.
Hence, prior notice to the government or public officer is not necessary before filing a petition in the Supreme Court or in a high court [xliv]. In computing the period of limitation for filing a suit, the period of notice should be excluded.
A suit instituted before the expiry of two months of notice as required by section 80 of the code is liable to be dismissed only on that ground [xlvi]. An order passed under section 80 is neither a decree nor an appealable order, and hence, no appeal lies against the order.
If a court subordinate to the High Court makes an order which is patently illegal and suffers from jurisdictional error, then it can be rectified by the High Court. In any suit filed against the Government, The Government or the authority against whom the case is filed shall be named as a party in the following manner.
Even after the expiration of two months, a plaint can be presented before the court. This must contain a statement which, under section 80 of the code, has a statutory notice which has been delivered or left as per subsection 1 of section An omission to make such a statement is fatal, and in its absence, the plaint will be rejected by the court. Where a suit is filed against a public officer in respect of any act purporting to be done in his official capacity, the government should be joined as a party to the suit.
In the case where there is a suit filed by or against the Government, then such a plaint will have to be signed by any authorized person appointed by the Government. It is also necessary that this person is well versed with facts of the case. If such a person is authorized by the government, then he shall be deemed to be a recognized agent of the Government as per the Civil procedure code. It has also been given in the code that multiple summons may be issued to a government pleader.
There is no need for the state counsel to file a Vakalatnama.