HARBHAJAN KAUR BAJWA Vs. CANTONMENT BOARD, AMBALA CANTT.

JUDGEMENT

(1.) The petitioners seek quashing of the order dated 22.07.2015 passed by the General Officer Commandant-in-Chief, Headquarter Western Command, Chandimandir in purported exercise of his powers under Sec. 340 of the Cantonment Act, 2006 whereby the construction made in Bungalow No. 37, Mall Road, Ambala Cantt. exceeding the plinth area measuring 514 square feet has been ordered to be demolished. Before adverting to the petitioners' contentions against the impugned order, it is necessary to briefly notice the status of the subject bungalow or the rights of the petitioners vis-à-vis that property.

(2.) Bungalow No.37, Mall Road, Ambala Cantt. vests in the Ministry of Defence, Government of India. There are several old bungalows constructed during pre-Independence era in Ambala Cantt. Some of these unoccupied and vacant bungalows were allotted by way of "Grants" to ex-Army personnel. These allottees are called as "Holders of Occupancy Rights" (in short, 'the HOR').

(3.) The HOR in respect of the bungalow in dispute were granted to late Gurmukh Singh Bajwa, who was an ex-Army Officer and was father-in-law of petitioner No.1. After the death of Gurmukh Singh Bajwa, the 'occupancy rights' were transferred in favour of his legal heirs, namely, Varinder Singh Bajwa, Tejinder Singh Bajwa, Surinder Singh Bajwa (husband of first petitioner).