DEFENCE ESTATE OFFICER AMBALA Vs. JANESHWAR DEV SOOD

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the sole question which arises for consideration is as to whether the land in question falls within the territorial limits of the Cantonment Board Jutogh or not? The lower appellate authority has answered the same in the negative in terms of the impugned judgment dated 31.3.2009, passed by District Judge, Shimla, H.P. in Civil Appeal No. 25-S/14 of 2005, titled as Jeneshwar Dev Sood vs. Defence Estate Officer, Ambala Circle (Annexure P- 5).

(2.) Certain facts are not in dispute. The suit property came to be purchased by the present respondent in the year 1978. Some time in the month of January, 2003, the authorities of the Cantonment Board found him to have unauthorizedly raised certain construction over the defence land. Consequently the Defence Estate Officer, Ambala Circle, issued a notice to show cause, dated 31.1.2003 (Annexure P-1), which came to be replied by the respondent, denying the factum of alleged unauthorized encroachment and/or construction.

(3.) Not finding favour with the same, the Defence Estate Officer, vide notice dated 17.4.2003 (Annexure P-3) directed the respondent to remove the construction measuring 50.40 square meters, allegedly raised unauthorizedly by him after encroaching upon their land.