The burden of proof in criminal prosecutions under the Cantonments Act, 2006 lies with the complainant to establish unauthorized construction by providing evidence of the pre-existing structure or use of the land.

1. These thirteen petitions presented under Section 378(4) of the Code of Criminal Procedure, 1973 (Cr.P.C.) by Delhi Cantonment Board (the complainant), a statutory authority constituted under the Cantonments Act, 2006, seek leave to appeal against acquittal of the respective respondents by identical judgments rendered by the court of Metropolitan Magistrate-03, South West District on 26.09.2014 dismissing the criminal complaint cases instituted earlier on the basis of complaints of the petitioner against the respondents they having been registered as complaint case CC Nos.208/4, 64/4, 122/4, 126/4, 230/4, 141/4, 48/4, 148/4, 118/4, 137/4, 276/4, 11/4, and 206/4 respectively. The complaints had alleged offences under Section 247 of the Cantonments Act, 2006 having been committed by the respective respondents by carrying out certain construction work at different plot of lands, such work statedly constituting breach of inhibition in Section 235 of the Cantonments Act, 2006.

2. It may be mentioned here that the complaints were presented through the Chief Executive Officer of Delhi Cantonment Board, in terms of proper authorization by the Cantonment Board, primarily on the basis of a report of unauthorized construction submitted by the junior engineer of the area, in the wake of which action is also shown to have been initiated under Section 248 (1) of the Cantonments Act, 2006, calling upon the respective respondents to show cause as to why the work in the nature of erection/re-erection of the building be not stopped and the work carried out be not demolished.

3. The respondents have appeared through counsel on notice. Trial court records have been called for. Arguments have been heard and the record of each case has been perused.

4. Section 235 of the Cantonment Act, 2006 reads thus:-

“235. Notice of new buildings.—(1) Whoever intends to erect or re-erect any building in a cantonment shall apply for sanction by giving notice in writing of his intention—

(a) where such erection or re-erection is in an area, other than the civil area, to the Board;

(b) where such erection or re-erection is in a civil area, to the Chief Executive Officer.

(2) For the purposes of this Act, a person shall be deemed to erect or re-erect building who—

(a) makes any material alteration or enlargement of any building; or

(b) converts into a place for human habitation any building not originally constructed for human habitation; or

(c) converts into more than one place for human habitation a building originally constructed as one such place; or

(d) converts two or more places of human habitation into a greater number of such places; or

(e) converts into a stable, cattle-shed or cow-house any building originally constructed for human habitation; or

(f) converts into a dispensary, stall, shops, warehouse, godown, factory or garage any building originally constructed for human habitation; or

(g) makes any alteration which there is reason to believe is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene; or

(h) makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building, or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye-law made under this Act.”

5. Section 236 clarifies that a person required to give notice under Section 235 quoted above must specify the purpose for which he intends to put to use the building to which the notice relates. Sub-Section (2) of Section 236 further makes it clear that no such notice would be valid until the information required under sub-Section (1) and any further information, plans and undertakings as may be necessary under the building bye-laws have been furnished to the satisfaction of the Chief Executive Officer alongwith the notice.

6. The expression “erect” or “re-erect” a building is spelt out in