AJAY SAHU Vs. CANTONMENT BOARD AND 2 ORS

JUDGEMENT

(1.) Heard Shri K.P. Tiwari, learned counsel for the petitioner and Shri S.K. Chaturvedi, learned counsel for the respondent nos. 1 and 2.

(2.) This writ petition arose out of the proceedings under the Cantonments Act. Challenge is to the notice dated 25.4.2006 issued under Section 185 of Cantonment Act 1924(hereinafter referred to as the Old Act) and the order dated 6.2.2015 under Section 274 of the Cantonment Act 2006(New Act). Further challenge is to the notice of demolition dated 19.2.2015 issued by the Chief Executive Officer.

(3.) Challenge to the proceedings undertaken in the Cantonment Act is mainly on the ground that the notice under Section 185 of the Act does not indicate the date of constructions nor it discloses the reason for taking decision for demolition of the construction. Mere averment that the erection of the building constitutes an offence under Section 184 of the Act is not sufficient to exercise the power under Section 185 of the Act. There is no application of mind and no opportunity of hearing has been provided to the petitioner. The Appellate Authority did not accord due opportunity to the petitioner and the order is exparte. The inspection report which has been relied upon to conclude the nature of the constructions has not been served upon the petitioner.