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2006 Supreme(AP) 172

V.V.S.RAO
S. Vijaya Rama Rao – Appellant
Versus
Secunderabad Cantonment Board, Secunderabad – Respondent


( 1 ) THE petitioners claim to be owners of residential plots bearing Nos. 26/1, 26/2 and 26/3 in GLR Survey No. 625, vighneswara Co-operative Housing Society, sikh Road, Secunderabad, respectively. According to them the land forms part of approved layout of M/s. Vighneswara Cooperative housing Society Limited (for short, the Society ). The petitioners made an application on 18. 7. 1992 under Section 179 of the Cantonments Act 1924 (for short, the act) informing the respondents their intention to construct residential houses and submitted plans with the application/notice. The respondent returned the same on 19. 9. 1992 on the ground that a writ petition, being w. P. No. 18389 of 1989 filed by some of the members of the Society questioning the revised layout plan, is pending before the High Court. The petitioners alleged that they waited for a period of thirty days and having not received any rejection order proceeded with the construction under "deemed permission" in accordance with the building plan. They also alleged that they informed the respondent for the purpose of payment of property tax. In the meanwhile, some of the members of the society filed W. P. No. 18389 of 1989 que









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