JUDGMENT

Delay condoned.

2. Special leave granted in Special Leave Petition No. 2862 of 1976.

3. In these two appeals by special leave a common question of law arises.

4. The respondents herein were granted permission to make additions to their buildings situated in cantonments administered under the Cantonments Act, 1924 by their respective Cantonment Boards on terms and conditions embodied in the respective sanctions. Section 181 of the said Act authorises the Cantonment Board to grant such sanction by resolution. The resolution is suspensible under Section 52 (1)(b) of the Act by the Officer Commanding-in-Chief of the Command within whose area the cantonment is situated. Thereupon, when such an exercise is undertaken, Section 185(2) of the Act provides that on suspension of the resolution, the Board is required to send notice in writing to the owner lessee or occupier of any land in the cantonment to stop such erection or rerection of the building. Since Sec.52(1)(b) further requires the Board to be given a reasonable opportunity of showing cause why the interim direction made earlier be not made absolute. The board alone is given a hearing and should it not avail of the opportunity