AABID HUSSAIN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By means of present petition as Public Interest Litigation, the petitioner seeks indulgence of this Court in the matter of construction of new "Chaupati" (Food Court) at Survey No.127, Cantonment Board, Jabalpur. The contention of the petitioner is that the land on which the Food Court is being constructed is reserved for garden in General Land Register (GLR). It is contended by him that the construction of commercial complex by the Cantonment Board amounts to change of the use of land and the same is being carried out by the Board without there being any approval from the competent authority i.e. Government of India, Ministry of Defense.

(2.) A notice was issued to the Cantonment Board. They have filed reply and submitted that the "Sadar Chaupati" is situated on the land bearing Survey No.127/1, Ashok Road, Jabalpur Cantonment which is vested land under Rule 9 (6) of the CLA Rules 1937 in favour of the Cantonment Board, Jabalpur under the head of 'Cantonment Board Shops' vide Authority Government of India, Ministry of Defense letter dated 2.9.1966. Copy of the GLR of Survey No.127/1 is already filed as Annexure P/7.

(3.) On perusal of Annexure P/7 in Srl. No.3 it is noted that the authority for vesting land admeasuring 7340 sqft to the Cantonment Board is mentioned. It is also mentioned in the said GLR that the Cantonment Board, Jabalpur is the lease holder of Surevey No.127/1 and solely responsible for management of the said land.