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1976 Supreme(All) 393

K. B. ASTHANA, M. N. SHUKLA
Jaswant Singh – Appellant
Versus
The Cantonment Board, Meerut – Respondent


Advocates:
Vishnu Sahai and B. Dayal, for Appellant; J.N. Tiwari and S.C., for Respondents.

Judgement

K. B. ASTHANA, C.J. :- These three appeals are decided by a common judgment as the question involved in each of them is similar.

2. Each of the appellants made separate applications for sanction to the Cantonment Board, Meerut for making additional constructions in their houses standing on different Cantonment lands. The Cantonment Board granted sanction on various dates in 1968. Shortly thereafter within about six weeks the Officer Commanding-in-Chief, Central Command in exercise of his powers under Section 52 of the Cantonments Act 1924 (hereinafter referred to as the Act) directed that the decision of the Board shall not be carried into effect for three months and called upon the Board to show cause why a direction should not be made out (not?) to carry into effect the decision of the Board. The Cantonment Board did not show any cause. After waiting for about two and a half months the Officer Commanding-in-Chief, Central Command, passed final orders not to carry into effect the decision of the Board and directing the Board to serve a notice under Section 185 of the Act on the appellants for demolition of the constructions made. Being aggrieved, the appellants filed appea







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