SOM NATH Vs. CANTONMENT EXECUTIVE OFFICER

JUDGEMENT

(1.) The challenge in this petition is to an order dated 9.6.2004 passed by the Principal Director, Directorate of Defence Estates, Ministry of Defence, Western Command, Chandigarh dismissing the appeal filed by the petitioner against the orders of the Cantonment Board ("Board"), Delhi, the Respondent No.2 herein, rejecting the application for sanction of a building plan submitted by the petitioner.

(2.) The facts are that on 25.5.1932 a lease deed was executed by the Secretary of State for Indian Council in favour of M/s. R.S. Bhola Ram and Sons, Delhi Cantonment in exercise of the powers under Section 280 of the Cantonments Act, 1924 ("Act"). In terms of this lease deed a plot of land admeasuring 9096 sq.ft. situated at Artillery Road (Plot No.23 Maude Road) in Delhi Cantonment was leased to M/s. Bhola Ram and Sons for a nominal rent of Rs.250 per year for a period of thirty years, renewable for further periods on the terms specified therein. The relevant clauses of the lease deed, for the purposes of the present case, read as under:

(3.) On 27.6.2002 the petitioner submitted an application to the Cantonment Executive Officer for sanction of a building plan whereby it was proposed to construct 24 tenements after demolishing the existing bungalow. The application was placed before the Cantonment Board and the following observations were made on the file: