Back
KAMAL KHATA, M. S. SONAK
Hitendra Singh R. Chopra, through Power of Attorney Holder Mahendra Singh Payal – Appellant
Versus
Cantonment Board Dehuroad, Near Dehuroad Railway Station, Dehuroad, Pune – Respondent
JUDGMENT :
(M.S. Sonak J.) :
1. Heard learned Counsel for the parties.
2. Rule. The rule is made returnable immediately at the parties' request and with the consent of learned counsel.
3. This is a rather strange case where the two statutory authorities involved, i.e., the Cantonment Board, Dehu Road, Pune and the Pimpri Chinchwad Municipal Corporation (“PCMC”) admit that Respondents No. 9 to 12 have illegally and unauthorisedly converted the godowns in the basement into a Bar and Restaurant, Permit Room, Country Liquor Shop, Beer Bar and Gambling Den, (as described by the Petitioner), still both the statutory authorities plead almost helplessness in taking any action against the admitted illegalities.
4. The Cantonment Board states that the PCMC must act to stop the unauthorised conversion/user. The PCMC, in its turn, states that it is for the Cantonment Board to act and stop this unauthorised conversion and user. The Cantonment Board goes to the extent of submitting that apart from launching criminal prosecution, it is helpless to stop this patently unauthorised and illegal conversion and user. The PCMC suggests that any unauthorised constructions or users within the limits of the Can
Statutory authorities must enforce the law against unauthorized activities in Cantonment areas, and cannot plead helplessness in the face of illegalities.
Cantonment Boards can levy tolls despite no specific service rendered, based on their statutory duties outlined in the Cantonments Act.
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
As per Section 39 of Act, every Board has to meet at least once in a month to transact its business on such day as may be fixed by President.
The Cantonment Board cannot levy taxes on vehicles entering its limits without legislative authorization from respective municipal laws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
