SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 1083

B.L.HANSARIA, K.RAMASWAMY
Cantonment Board, Jabalpur – Appellant
Versus
S. N. Awasthi – Respondent


Advocates:
A.K.CHITALE, NIRAJ SHARMA, P.S.NAYAR, T.G.NARAYANAN NAIR, U.R.Lalit, V.R.REDDY

(1) LEAVE granted.

(2) THIS appeal by special leave arises from the Order of the High court of Madhya Pradesh dated 2/3/1992 passed in Miscellaneous Petition No. 2233 of 1991.

(3) THE Cantonment Board through its Resolution No. 10 dated 30/3/1990 had granted permission for construction of a building which later on was cancelled by another proceeding dated 5/7/1991. Calling in question of the cancellation, the respondents filed the writ petition. The High court allowed the writ petition on three grounds, viz., that the sanction having been granted in favour of the respondents, cancellation thereof without giving an opportunity would be in violation of the principles of natural justice. It was also held that the appellants had not specified the distinction between the "Military Estates Officer" and the "Defence Estates Officer" for the latter to get power to cancel the permission. Further, it was already held that in equity, since the respondents had started construction, the cancellation was not justified.

(4) IT is not in dispute and in fact cannot be disputed that the land is situated within the Cantonment Area. Therefore, the title in the land stands



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top