SANJAY NARANG Vs. UNION OF INDIA

JUDGEMENT

(1.) Supplementary affidavit filed today in the Court on behalf of the petitioner is taken on record and this Court has rendered hearing to learned counsel for the petitioner as well as to learned counsel for Cantonment Board/Chief Executive Officer, who are the respondent nos.3 and 4, on the question of admission.

(2.) Petitioner Sanjay Narang has presented this petition through his power of attorney holder Mr. Nicholas Rodricks, praying to issue a writ, order or direction in the nature of certiorari for quashing of the demolition order dated 10.11.2014 (Annexure-2) passed by respondent no.4 and Resolution No.1 dated 8.11.2014 (Annexure-3) passed by respondent no.4 and President Cantt. Board, Landour, Mussoorie as well as the order dated 6.11.2014 (Annexure-4) passed by the General Officer Commanding in Chief, Headquarter Central Command, Lucknow.

(3.) Having heard the arguments for and against, it transpires that the matter, in controversy, pertains to a building at Survey No.157, popularly known as Dahliya Bank, in the Cantonment area of Mussoorie. This property was purchased by Mr. Sanjay Narang on 23.1.2009 from one Mr. B.P. Singh. Further, the age old history of more than 150 years has been narrated in the judgment of this Court dated 14.8.2013, passed in Second Appeal No.100 of 2012, which was rendered by the Hon'ble Justice Prafulla C. Pant, who now adorns the seat of Hon'ble the Apex Court. After such sale deed, Mr. Narang applied for mutation before the concerned authorities. While mutation was still awaited, Mr. Narang applied for renovation/re-erection of this 150 years old building and submitted his 'lay out plan' to the concerned authorities on 21.10.2009. Such plan remained lying in the office of the competent authority, so Mr. Narang sent reminders on 19.01.2011 and 14.02.2011 to the Cantonment Board for approval of such plan. The plan was, however, not sanctioned. So, Mr. Narang, taking shelter of sub-section (6) of Section 238 of the Cantonments Act, 2006, assumed the 'deemed sanction' of the plan in his favour and started the construction/re-erection work. When the Cantonment Board objected to such act, Mr. Narang filed the Original Suit No.249 of 2011 in the Court of Civil Judge. No ad interim protection was granted to him and even, after the evidence of parties, the suit was dismissed by the Trial Court on 26.5.2012. With the result, the Cantonment Board did have every right to resist the construction raised by Mr. Narang, but despite such resistance, he continued to raise constructions and preferred the Civil Appeal No.57 of 2012, which was allowed by the District Judge, Dehradun on 21.09.2012. So, the Cantonment Board came up before this Court in Second Appeal No.100 of 2012, which was allowed on 14.8.2013 and the suit was decreed, as has been stated hereinabove by this Court.