LAWS(UTN)-2019-3-7

SANJAY NARANG Vs. JAKIR HUSSAIN

Decided On March 01, 2019
Sanjay Narang Appellant
V/S
JAKIR HUSSAIN Respondents

JUDGEMENT

(1.) This is a contempt petition filed by the petitioner alleging that the respondent has willfully and deliberately violated the order of this Court dated 10.01.2018 passed in Review Application No.941 of 2017 in Special Appeal No.645 of 2014.

(2.) This case has a chequered history. The petitioner had raised a construction in the Cantonment area, which was against the bye-laws of the Cantonment Board as well as against the Works of Defence Act, 1903.

(3.) The case of the Cantonment Board was that firstly the petitioner had raised the construction within 50 meters of a defence establishment, and hence violated the Works of Defence Act, 1903. In any case, since the construction raised by the petitioner was not authorized under the Cantonment Act, 2006, a demolition order was passed. Consequently, a writ petition being WPMS No.2609 of 2014 was filed by the petitioner before this Court which was dismissed by this Court on 27.11.2014, against which, a special appeal being SPA No.645 of 2014 was filed by the petitioner, which was also dismissed by a Division Bench of this Court vide order dated 05.09.2017.