IMPORTANT POINT
Notices and orders issued in contravention of statutory provisions and in violation of natural justice cannot be sustained.

JUDGMENT

R. Subhash Reddy, J.

This batch of appeals, is filed by the Cantonment Board, Meerut and others, aggrieved by the common order dated 19.12.2013 passed by the High Court of Allahabad in Civil Misc. Writ Petition No. 54929 of 2012 and batch. All the appeals shall stand disposed of by this common judgment.

2. In the writ petitions filed before the High Court, respondents - original petitioners have prayed for quashing of notices issued by the appellants under Section 185 of the Cantonments Act, 1924 (for short, 'the 1924 Act') for stopping the alleged constructions raised unauthorisedly by the respondents - original petitioners as well as for quashing of the notices issued for demolition of constructions so raised. The respondents - writ petitioners have also prayed for quashing of the appellate order passed by the appellate authority dismissing the appeals preferred by them.

3. The law relating to administration of cantonments was originally governed by the 1924 Act. The said Act is repealed by virtue of Section 360 of the Cantonments Act, 2006 (for short, 'the 2006 Act'). The 2006 Act came into force w.e.f. 18.12.2006.

4. Before the new Act has come into force, Cantonment Executive Officer has initiated proceedings under Sections 184 and 185 of the 1924 Act, on the ground that respondents have carried out unauthorised constructions without prior permission within the area of cantonment and has issued show cause notices to show cause why legal action should not be taken against the respondents. For the purpose of disposal, we would refer to the notice issued to one Afzal who is the respondent in Civil appeal No. 3814 of 2019. The notice issued to the said respondent reads as under :

" Office of the Cantonment Board

Meerut, dated 22nd Aug, 2006

To Afzal Ahmad S/o Faqruddin,

55/pt Ghosi Mohalla,

B.I. Bazar, Meerut Cantt.

Subject : SHOW CAUSE NOTICE

It has been reported to me that you have carried out the following unauthorized constructions without prior permission in the Shop No.53-54 Ghosi Mohalla, B.I. Bazar, Meerut Cantt.

FIRST FLOOR

Room Measuring 12'-11" x 15'-7" is being constructed in Shop No.53-54, Ghosi Mohalla B.I. Bazar, Meerut Cantt.

As this is an offence punishable under Section 184/185 of the Cantonments Act, 1924 (amended), please show cause within 3 days from the receipt hereof, why legal action should not be taken against you under the provisions of the said Section of the Cantonments Act, 1924 (Amended)."

5. In continuation of the show cause notice, further notice is issued on 02.09.2006 under Section 185 of the 1924 Act to stop further construction and for demolition of the unauthorised construction. Aggrieved by the notice dated 02.09.2006 he has filed statutory appeal as contemplated under Section 274 of the 1924 Act. Appeal also ended in dismissal. In all the cases covered in this group, identical and stereo type orders are passed by the primary authority and appellate authority.

6. Challenging the notice issued under Section 185 of the 1924 Act and order of the appellate authority, respondents - original petitioners have filed writ petitions before the High Court. The orders impugned in the writ petitions before the High Court were challenged mainly on the ground that there is no authority to the Executive Officer to issue such a notice and the notice is without jurisdiction. The second ground is that the notice for demolition has to be issued within a period of 12 months from the date of the alleged constructions. It was pleaded that date of construction was not mentioned in the notice, as such, notice was barred by limitation. Another ground before the High Court was that notices were issued in a casual manner and inspite of submitting the reply to the show cause notices, the primary authority has not considered the replies and passed order, and even appellate authority has passed stereo type orders without giving any opportunity and fixing the date for hearing. First two grounds raised by the respondents - writ