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2016 Supreme(Del) 857

G.ROHINI, JAYANT NATH
UNION OF INDIA – Appellant
Versus
RAJESH AGGARWAL – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjay Jain, ASG with Mrs. Rekha Pandey, Mr. Shiv Prakash Pandey and Mr. Raghav Pandey, Advocates.
For the Respondent:Mr. Sunil Gupta, Senior Advocate with Mr. R. Sudhinder and Ms. Prerana Amitabh, Advocates.

JUDGMENT :

JAYANT NATH, J.

1. The present appeal is filed seeking to impugn the order of the learned Single Judge dated 26.7.2011. By the said order the learned Single Judge has allowed the Writ Petition filed by the respondent and quashed the order dated 7.2.2011 issued by the appellant No. 2/Joint Secretary, Ministry of Defence. The impugned order also restores the order of the Cantonment Board, Meerut/appellant No. 3 (hereinafter referred to as the CB) dated 4.1.2008 sanctioning the building plans of the respondent.

2. The brief facts as urged in the Writ Petition are that the respondent is the successor to the title of the property in question, namely, 167, Chappel Street, Meerut Cantt, which is a building called “Pooranchand Building” comprising of a Cinema Hall and shops. It is urged that the plot and buildings are located in the bazaar area of Meerut Cantonment and were used for commercial purposes. It is stated that the property has been granted under the Old Grant Terms. It is urged that in the GLR, i.e. General Land Register prepared under Rule 3 of the Cantonment Land Administration Rules, 1937 the property was wrongly shown as a bunglow. It is further urged that in the































































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