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2013 Supreme(All) 2860

TARUN AGARWALA
AFZAL – Appellant
Versus
CANTONMENT BOARD, MEERUT – Respondent


Advocates:
Counsel :
K.K. Arora, Sumit Daga, P.K. Jain and Akhtar Ali for the Petitioners; S.K. Rai, Mohd. Isa Khan, Prashant Mathur and S.B. Singh for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—In this group of petitions, the petitioners have prayed for the quashing of the notices issued under Section 248(1) of the Cantonments Act, 2006 (hereinafter referred to as ‘the Act’) for stopping the constructions raised unauthorisedly by the petitioners as well as for the quashing of the notices issued for demolition of the constructions so raised. The petitioners have also prayed for the quashing of the appellate order passed under Section 340 of the Act. Similar orders and notices have been issued under the Cantonments Act, 1924 (hereinafter referred to as the “old Act”).

2. The basic grievance of the petitioners in these writ petitions is, that the notice issued by the Chief Executive Officer was without jurisdiction, inasmuch as, the said officer had no jurisdiction to issue a notice under Section 248(1) of the Act either for stopping the constructions or for demolition of the constructions so allegedly raised and that the power could only be exercised by the Cantonment Board and that the said power has not been delegated under Section 237 of the Act. Further grievance is, that the reply to the show-cause notice was not considered and that n


























































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