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PUNJAB & HARYANA HIGH COURT
MUNI LAL VERMA
Wing Commander Sanwal Shah – Appellant
Versus
Cantonment Board Ambala Cantt. – Respondent
JUDGMENT
Muni Lal Verma, J.
This suit which culminated in this second appeal was instituted by the appellants, who are husband and wife, for perpetual injunction retraining the respondent from demolishing certain constructions raised in bungalow No. 19 and 1-A (hereinafter called the house), situate within the limits of Ambala Cantt.
2. Their case was that the respondent served notice dated May 1, 1971, on appellant No. 1, informing him that the unauthorised constructions relied in the house would be demolished on May 11, 1971. Challenging the said notice as illegal, the appellants claimed injunction, referred to above, with the averment that the conduction complained of were not unauthorised, the respondent contected the suit raising various pleas, including that the constructions had been raised without its (respondent's sanction and notice in that respect under section 185 of the Cantonments Act, 1924 (hereinafter called the Act) had been duly served on appellant No. 1 on September 25, 1969. Since he did not comply with the said notice, notice under section 256 of the Act to demolish and remove the aforesaid constructions had been issued to him (appellant No. 1). The suit was, ther
Suit against municipal body challenging demolition notice requires proven pre-suit notice under Section 527 MMC Act; mere plaint averment insufficient against specific denial, no waiver without expli....
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 judgment emphasizes the importance of establishing a prima facie case and balance of convenience for granting temporary injunctions, and the need for the appellant's conduct to be free from blame....
Point of law: Notices were not served on the same day this Court holds that there is no failure of natural justice or compliance with the provisions of Sections 452 and 636 of the Act.
Occupancy rights enable a party to seek a mandatory injunction against unauthorized construction without needing to establish title, emphasizing compliance with municipal laws.
The court emphasized the necessity of proper notice and adherence to procedural safeguards in administrative actions affecting property rights, ruling the demolition illegal due to failure to follow ....
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