JUDGMENT

J.S. Verma, J.-The dispute relates to the building sanction of House No. 2, Sholapur Bazar Road, Pune, which falls within the area of Pune Cantonment governed by the Cantonments Act, 1924 (hereinafter referred to as the Act ).

2. The respondent No. 1 was granted a building sanction under Section 181 of the Act on 2-7-1981 effective from 6.7.1981. The building was intended to be used for commercial/residential purposes; it was to be an RCC framed structure and to consist of ground and five upper stories (i.e. stilt + six upper stories); the nature of soil was hard rock; the construction work was to be commenced within one year of the sanction i.e. before 6.7.1982; and was to be completed within 12 months from the date of commencement of the work. The building bye-laws existing at the time of the sanction did not contain any restrictions with regard to the Floor Area Ratio (FAR) or number of floors or height of the building. By a letter dated 3.7.1982, barely three days before expiry or the permissible period for commencement of the work, a letter was sent by the respondent No. 1 stating that the work had been commenced on that day. For the purposes of this case, the appe