JAMNA PRASAD GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) NONE for the respondents No. 1 and 5. This petition is directed against the action of respondents No. 3 and 4 in constructing a Community Hall over the ground registered under GLR 143/531 of the Cantonment Board. Challenge is made on the ground that the same being a Class-A land no construction of the Community Hall is permissible.

(2.) INITIALLY, while issuing notice, an interim order was passed on 22-02-2006 directing the respondents not to raise any construction over the ground registered under GLR 143/531 till respondent No. 4 i.e. Cantonment Board satisfies that the said ground is a Class-C land. Subsequently on an application filed by the Cantonment Board i.e. respondent No. 4 an order was passed on 01-03-2006 whereby the interim order dated 22- 02-2006 was vacated in the W.P. No.1441.06 following term : "This is an applica tion for vacating the interim order passed by this Court on 22-2-20 06 . By the said interim order, while issuing notice in W.P .No. 144 1 of 20 06 , the Court directed that in the meanwhile, the proposed construction over the ground registered under GLR 143 /5 31 of the Cantonment Board, Jabalpur will not be made till the respondent No. 4/Cantonment Board satisfies this Court that the said ground is a Class-C land. The said order was passe d because in the sanction granted for construction on the said land under Section 179 of the Cantonments Act, 1924, a condition was prescribed that the ground on which the construction was to be made must be a Class-C land. In the applica tion for vacating stay, it is state d that the ground on which the construction is being made is a Class-C land and a copy of the document in Annexure R3, said to be an extract of GR, has been filed along with the applica tion for vacating the interim order, which goes to show that the land is a Public Recreation Ground and the classification of the same is Class-C land. Mr . Sunil Choubey, learned counsel appearing for respondent Cantonment Board, Jabalpur submitted that Military Recreation Ground has been classified as Class-A land and Public Recreation Ground is classified as Class-C land. He further submitted that the construction of Community Hall has already stated and has brought to our notice the photogra phs of the construction in Annexure R1 annexed to the applica tion for vacating the interim order to show that the construction has made substan tial progress. He submitte d that in view of the aforesaid progress made b y the construction, at this stage if W.P. No.1441.06 the construction is stoppe d by the interim order, the respon dents 1,3 and 4 will suffer immense loss.

(3.) WE are informed that the Community Hall has since been constructed over the land in question and is being commonly used by the persons at large. WE are satisfied that the Community Hall having been raised in larger public interest no purpose would be served if the relief as sought for by the petitioner vide this public interest litigation is accepted.