SANJAY NARANG Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) A part of Hill Station Mussoorie in Uttarakhand falls in a cantonment area and is governed under the Cantonments Act, 2006. The construction activities in this area are regulated by a Board, which is known as Landour Cantonment Board (from hereinafter referred to as LCB). New constructions in cantonment areas, even their repair, etc. are regulated under the provisions of the Cantonments Act, 2006.

(2.) The petitioner sought permission for a new construction from the LCB on 21.10.2009. The application of the petitioner remained pending and since no orders were passed therein, the petitioner filed a suit for declaration as well as for mandatory injunction on the basis of Section 238 (6) of the Cantonments Act, 2006. Section 238 (6) of the Cantonments Act, 2006 reads as under:

(3.) The suit of the petitioner was dismissed by the Trial Court on 26.05.2012, against which the petitioner preferred a first appeal before the learned District Judge, Dehradun. The first appeal was allowed and the suit was decreed by the learned District Judge, Dehradun vide judgment and decree dated 21.09.2012. Against the said judgment and decree dated 21.09.2012, the LCB preferred a second appeal before this Court, which was allowed vide judgment and order dated 14.08.2013 and the judgment and decree dated 21.09.2012 was set aside. Para 19 of the judgment and order dated 14.08. 2013 passed by this Court reads as under: