UNION OF INDIA Vs. AJMA BANO

JUDGEMENT

(1.) The present intra court appeal under Section 2(i) of Madhya Pradesh Uchcha Nyayalay (Khand Nyay Peeth Ko Appeal), Adhiniyam, 2005 is preferred by the appellants assailing the orders dated 25-02-2021 passed in Review Petition No.364/2020 and 12-07-2019 passed in Writ Petition No.12687/2019 by learned Single Judge wherein the direction was issued to the Cantonment Board to decide the demarcation application of petitioner/respondent No.1.

(2.) Facts in brief for adjudication are that appellants issued the order dated 13-04-2017 purportedly exercising power under Section 239 of the Cantonments Act, 2006 (hereinafter referred to as "the Act of 2006") and called upon respondent No.1 to remove the encroachment. Respondent No.1 preferred Writ Petition No.18960/2017 before the Writ Court and the Single Bench vide order dated 30-11-2018 disposed of the petition with the direction to the petitioner to avail remedy of appeal under Section 340(1) of the Act of 2006. As per the said provision, appeal lies before the Cantonment Board.

(3.) It further appears that in pursuance to the order dated 30-11- 2018 passed by the Writ Court, appeal was preferred and heard by the Cantonment Board and vide order dated 25-02-2019 appeal was decided and it was resolved by the Board that appeal of respondent No.1 was bereft of merits and therefore dismissed. The said order/resolution further resolved to conduct a joint survey of GLR survey No.66 with the representatives of Cantonment Board, Defence Estate Officer, LMA and State Government on the basis of revenue record of 1933.