RAJENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellants filed Writ Petition (M/S) No. 1866 of 2014, challenging notices issued by Chief Executive Officer, Cantonment Board, Ranikhet on 2/6/2014 and 1/8/2014. By the said notices, they were asked to remove unauthorized construction, raised by them in building No. 102, situate in Deolikhet, Ranikhet, District Almora. The writ petition was dismissed by the learned Single Judge vide judgment dtd. 16/8/2016, which is impugned in this writ petition. Relevant extract of the impugned judgment is reproduced below:-

(2.) Appellants have challenged the said judgment mainly on the ground that the notices were issued in exercise of power under Sec. 256 of Cantonments Act, 1924, while Sec. 256 was not existing in the statute book after repeal of Cantonments Act, 1924.

(3.) Learned counsel appearing for Cantonment Board has drawn our attention to the impugned notice. In para 2 thereof, there is reference to Sec. 320 of Cantonments Act, 2006, which has replaced the Cantonments Act, 1924. Sec. 320 of 2006 Act enables the Board, Civil Area Committee or the Chief Executive Officer of a Cantonment to take necessary action, in the event of non-compliance of the terms of any notice, order or requisition, issued to any person under the Act.