UNION OF INDIA AND ORS. Vs. RAJESH AGGARWAL

JUDGEMENT

(1.) The present appeal is filed seeking to impugn the order of the learned Single Judge dated 26.7.2011. By the said order the learned Single Judge has allowed the Writ Petition filed by the respondent and quashed the order dated 7.2.2011 issued by the appellant No. 2/Joint Secretary, Ministry of Defence. The impugned order also restores the order of the Cantonment Board, Meerut/appellant No. 3 (hereinafter referred to as 'The CB') dated 4.1.2008 sanctioning the building plans of the respondent.

(2.) The brief facts as urged in the Writ Petition are that the respondent is the successor to the title of the property in question, namely, 167, Chappel Street, Meerut Cantt, which is a building called "Pooranchand Building" comprising of a Cinema Hall and shops. It is urged that the plot and buildings are located in the bazaar area of Meerut Cantonment and were used for commercial purposes. It is stated that the property has been granted under the Old Grant Terms. It is urged that in the GLR, i.e. General Land Register prepared under Rule 3 of the Cantonment Land Administration Rules, 1937 the property was wrongly shown as a bunglow. It is further urged that in the early 1930's a Cinema Hall which was also known as Palace Theatre and the shops in the property came up with appropriate sanction of the Cantonment authorities. A firm by the name and style of M/s. Pooran Chand and Sons was formed. Business of the firm comprised inter alia cinema exhibition. The firm carried on the business in Palace Theatre, Meerut and Picture Palace, Jubilee Theatre at mussoorie. Reliance is placed upon various documents to support the case of the petitioners including resolution dated 31.12.1953 of 'The CB' approving additions/alterations in the said building and a second resolution of 'The CB' dated 14.6.1957 which also records and recognises the earlier change of purpose to contend that right since 1930's the cinema hall and shops have been in existence.

(3.) It is urged that the cinema hall and shops being more than 70 years old had become dilapidated and it became necessary to demolish the whole structure and erect a new building. The respondent, it is stated submitted a notice alongwith the completion plan to erect/re -erect and alter the building on 15.2.2003 under Sec. 179 of the Cantonments Act, 1924 (Hereinafter referred to as 'The 1924 Act') to 'The CB'. The building plans were returned by 'The CB' on 26.2.2003 with the requirement that the respondent may get mutation done in his favour before the plan could be sanctioned. The respondent duly complied with the said requirement. Mutation was effected in favour of the respondent on 9.8.2005. The respondent also on 22.2.2006 applied for correction of the entries in the General Land Register i.e. 'GLR' to show the property as commercial. The respondent applied for the correction so that the GLR reflects the situation which has existed at site for the last 70 years.