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1997 Supreme(All) 690

R.S.DHAVAN, V.P.GOEL
Shiv Gorakh Nath Charitable Society – Appellant
Versus
Cantonment – Respondent


Advocates:
Advocate Appeared
A.K.Sinha, Arun Tandon, S.C.Budhwar, U.N.Sharma,

JUDGMENT

(1.) RAVI S. Dhavan, J. The only aspect on which there is no issue in this writ petition is the fact that there was an indenture of 11 December, 1968 by which the Military Estate Officer, Lucknow Circle, Lucknow Cantonment, had granted on behalf of the leassor (the President of India) to demise the plot of land to be used by the seven persons mentioned in the deed for the purpose of building "four temples, a well, Pujari's hut and a store room."

(2.) THE lease is in reference to military land in Kanpur on the bank of the Ganges within the Cantonment area.

It appears that the seven persons who were favoured with the lease by the Military Estate Officer spread more than was necessary beyond the indication in the lease deed. If they had remained within the confines of the indenture and not spread beyond the "four temples, a well, Pujari's hut and a store room, "there would not have been any conflict between them, the military authority and the Cantonment Board or the Military Estate Officer concerned.

(3.) IN the writ petition it is acknowledged that the constructions were made unauthorized by the petitioners. The petitioners received a caution from the respondents and also a













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