Cantonment Board, Meerut vs Afzal - 2019 Supreme(SC) 482

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 482

R.BANUMATHI, R.SUBHASH REDDY
Cantonment Board, Meerut – Appellant
Versus
Afzal – Respondent

Advocates Appeared:
For the Appellant :Ms. Pinky Anand, ASG, Mrs. Rekha Pandey, Advocate, Mr. Hemant Arya, Advocate, Mr. Rajesh Ranjan, Advocate, Mr. Sumit Teterwal, Advocate, Ms. Kirti Dua, Advocate and Ms. Snidha Mehra, Advocate
for the Respondent:Mr. P. N. Ramalingam, Advocate, Mr. Sanchit Garga, Advocate, Mr. Ashutosh Garga, Advocate, Mr. Pahlad Singh Sharma, Advocate, Mr. Ardhendumauli Kumar Prasad, Advocate, Dr. (Mrs.) Vipin Gupta, Advocate, Dr. Vinod Kumar Tewari, Advocate, Mr. Dinesh Kumar Garg, Advocate, Mr. Abhishek Garg, Advocate, Mr. Dhananjay Garg, Advocate, Mr. Deepak Mishra, Advocate, Mr. Rudreshwar Singh, Advocate, Mr. Gautam Singh, Advocate, Ms. Isha Singh, Advocate, Ms. Snehil Sonam, Advocate, Mr. Kaushik Poddar, Advocate, Mr. Aishwarya Bhati, Advocate, Mr. Chander Shekhar Ashri, Advocate, Mr. R. C. Kaushik, Advocate, Mr. Ankur Mittal, Advocate, Mr. H.K. Naik, Advocate and Mr. Bhawan Raj, Advocate.

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 The said Act is repealed by virtue of Section 360 of the Cantonments Act, 2006 (for short, 'the 2006 Act').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 Execut

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2019 Supreme(SC) 482

R.BANUMATHI, R.SUBHASH REDDYCantonment Board, Meerut – AppellantVersusAfzal – Respondent

R.BANUMATHI, R.SUBHASH REDDY
Cantonment Board, Meerut – Appellant
Versus
Afzal – Respondent