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2005 Supreme(Bom) 1184

H.L.GOKHALE, R.S.DALVI
Kalpataru Builders, Pune – Appellant
Versus
Union of India – Respondent


Judgment

H. L. GOKHALE, J.

( 1 ) THIS writ petition invoking Article 226 of the constitution is filed by the assignees of the original lessees of a property owned by the Union of India situated in the Pune Cantonment Board area. It seeks a writ of certiorari, mandamus and prohibition against the respondents concerning the refusal of the respondents to sanction the building plans submitted by the petitioners. Amongst others, the petitioners seek to challenge the resolution of the Cantonment Board dated 11th October 1996 rejecting the building plans of a commercial complex submitted by the petitioners in view of the objection raised by the Respondent No. 3 - Defence Estate Officer under section 181 (3) of the Cantonments Act, 1924 (hereinafter referred to as "the Act" ). Respondents Nos. 1 to 3 and 6 to this petition are the Union of india, Director of Defence Estate, Pune, Defence Estate Officer (Pune Circle) and the General Officer, Commanding-in-Chief, Southern Command having his Head Office at Pune. Respondents Nos. 5 and 4 to the petition are the pune Cantonment Board and its Executive Officer respectively. The cantonment Board is the planning authority for the areas covered by i





























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