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TARLOK SINGH CHAUHAN, VIRENDER SINGH
Nikhil Gupta – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The instant petition has been filed for grant of the following substantive reliefs:-
ii) That the unreasonable, illegal, arbitrary and wrong Resolution passed in proceedings of meetings Annexure P-1 (Colly) may kindly be quashed and set aside in the interest of justice.
2. Respondent No. 3 Cantonment Board Subathu is governed by the Cantonments Act, 2006 (for short the 'Act') and fall under the Category-III as per Section 12 of the Act, which reads as under:-
(a) the Officer Commanding the station as ex officio or, if the Central Government so directs in respect of any cantonment, such other military officer, as may be nominated in his place by the General Officer Commanding-in-Chief, the Command;
(b) the District Magistrate or an Executive Magistrate nominated by him;
(c) the Chief Executive Officer;
(d) the Health Officer ex officio;
(e) the
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.
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.
The court established that the right to appeal can be conditioned by statute, and such conditions do not inherently violate constitutional rights.
The Cantonment Board cannot levy taxes on vehicles entering its limits without legislative authorization from respective municipal laws.
The court determined that a nominated member's removal must adhere to the procedural safeguards outlined in the Cantonments Act, and arbitrary substitution without adherence to these processes is ill....
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