(PER : A.S. CHANDURKAR,J)

1. By this Petition under Article 226 of the Constitution of India the petitioner challenges notice dated 21st May, 2009 issued by respondent No.1 Pune Cantonment Board issued under Section 248 (1) of the Cantonments Act, 2006 (hereinafter referred to as “the said Act” for short), order dated 30th November, 2013 passed in Appeal preferred by the petitioner under Section 340 of the said Act and consequent notice dated 12th February, 2014 issued by the Board calling upon the petitioner to remove the unauthorized construction in question. Considering the nature of controversy, we have heard the learned Counsel for the parties at length. Hence, Rule. Heard finally with the consent of the learned counsel for the parties.

2. The petitioner who is an occupant of residential premises within the limits of the Cantonment Board had sought sanction of building plans by applying to the Board on 2nd August, 2007. On 6th May, 2008 the Board accorded sanction to the building plans under Section 238 of the said Act. The petitioner thereafter commenced the work of construction. During the course of inspection on 23rd December, 2008 it was noticed by the technical st