Heard Sri Swapnil Kumar, learned counsel for the petitioner and Sri C.B. Gupta, learned counsel for the respondents.

2. Cantonment Board, Agra issued notice to the petitioner dated 8th/13th August, 2008 stating therein that he has raised unauthorized construction of one hall measuring 47'-0" x 47'-8" towards north west of Bungalow No. 166, Agra Cantt., Agra, which was an offence under Section 247 of the Cantonment Act, 2006 (herein after referred to as the 'Act, 2006'). Petitioner was called upon to show-cause by 8th/15th August, 2008 as to why he may not be prosecuted under Section 247 of Act, 2006 and the constructions raised be not demolished in exercise of powers under Section 248/320 of the Act, 2006. Petitioner is stated to have submitted his reply to the said notice on 13th/18 August, 2008 stating that he was replacing the tinshed with the support of the iron angles, which was constructed in December, 1990 under the deemed-sanctioned within the knowledge of hate Staff of the Cantonment Board, Agra. Explanation so furnished by the petitioner was considered by the Cantonment Board and under Resolution No. 86 dated 30th August, 2008, petitioner was called upon t