CANTONMENT BOARD JABALPUR Vs. S N AWASTHI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the Order of the High court of Madhya Pradesh dated 2/3/1992 passed in Miscellaneous Petition No. 2233 of 1991.

(3.) The Cantonment Board through its Resolution No. 10 dated 30/3/1990 had granted permission for construction of a building which later on was cancelled by another proceeding dated 5/7/1991. Calling in question of the cancellation, the respondents filed the writ petition. The High court allowed the writ petition on three grounds, viz. , that the sanction having been granted in favour of the respondents, cancellation thereof without giving an opportunity would be in violation of the principles of natural justice. It was also held that the appellants had not specified the distinction between the "military Estates Officer" and the "defence Estates Officer" for the latter to get power to cancel the permission. Further, it was already held that in equity, since the respondents had started construction, the cancellation was not justified.