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DELHI HIGH COURT
R.K.GAUBA
Delhi Cantonment Board – Appellant
Versus
Shamim Bano – Respondent
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
Statutory authorities must enforce the law against unauthorized activities in Cantonment areas, and cannot plead helplessness in the face of illegalities.
Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
The court upheld the validity of the notice issued under Section 320 of the Cantonment Act, confirming that significant deviations from the sanctioned construction plan justified the action taken by ....
The main legal point established in the judgment is that the authority of the Chief Executive Officer under Section 261 of the Cantonment Act empowers the removal of boundary walls, hedges, or fences....
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