PUNE CANTONMENT BOARD Vs. M P J BUILDERS

JUDGEMENT

(1.) The dispute relates to the building sanction of House No. 2, Sholapur Bazar Road, Pune, which falls within the area of Pune Cantonment governed by the Cantonments Act, 1924 (hereinafter referred to as 'the Act').

(2.) The Respondent No.1 was granted a building sanction under Section 181 of the Act on 2-7-1981 effective from 6-7-1981. The building was intended to be used for commercial/residential purposes; it was to be an RCC framed structure and to consist of ground and five upper stories (i.e. stilt + six upper stories); the nature of soil was 'hard rock'; the construction work was to be commenced within one year of the sanction i.e. before 6-7-1982; and was to be completed within 12 months from the date of commencement of the work. The building bye-laws existing at the time of the sanction did not contain any restriction with regard to the Floor Area Ratio (FAR) or number of floors or height of the building. By a letter dated 3-7-1982, barely three days before expiry of the permissible period for commencement of the work, a letter was sent by the respondent No.1 stating that the work had been commenced on that day. For the purposes of this case, the appellants did not dispute this claim of the respondent No.1. According to the conditions of the building sanction imposed under the relevant statutory provisions, the construction of the building had to be completed within 12 calendar months from the date of commencement of the work i.e. up to 3-7-1983. Admittedly, the construction of the building was neither completed nor was an extension of time sought within that period. The respondent No. 1 claims to have made an application for extension of time to complete the construction on 24-9-1983, after expiry of the time allowed. For the purposes of this case the appellants do not dispute even this claim. The contentions of that application alleged to have been made by the respondent No. 1, are as under:

(3.) The Cantonment Executive Officer, exercising the power of the Board, granted extension of time for a period of one year from the date of that order dated 2-5-1986 as under: