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1972 Supreme(Del) 192

PRITHVI RAJ
RAM NARAIN – Appellant
Versus
CANTONMENT BOARD DELHI – Respondent


Advocates Appeared:
C.M.OBEROI, Keshav Dayal, P.N.LEKHI, R.K.Mehra

PRITHVI RAJ

( 1 ) THE petitioners who are the joint owners of free-hold land comprised in Khasra No. 1066, Survey No. CB 34 (Old) situate in village Naraina through this writ petition seek a declaration that the sanction applied for by them in their notice dated 29th June, 1970 (Annexure No. I), under Section 179 of the Cantonments Act, 1924 (hereinafter to be called the Act ) served on the Executive Officer of respondent No. 1 intimating the intention of the petitioners to erect cinema house on the land in question, is deemed to have been unconditionally granted under Section 181 of the Act and that resolution No. 32, dated the 7th October, 1970, Annexure 5, passed by respondent No. 1 is illegal, unauthorised and without jurisdiction. A further declaration is sought that respondent No. 1 is legally obliged to consider the application dated the 12th August, 1971, Annexure No. 6, seeking extension of time for construction of the cinema house as the statutory sanction for construction of the building was deemed to have been accorded to the petitioners under Section 181 (6) of the Act which was valid for a period of one year which period expired on 16th August, 1971, as respondent No.





























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