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2004 Supreme(UK) 211

RAJESH TANDON, P.C.VERMA
Arun Kumar Jaiswal – Appellant
Versus
Cantonment Board, Dehradun – Respondent


Judgment

P.C. Verma, J.

1. Both the above writ petitions have been filed by the petitioners seeking a writ of mandamus/prohibition commanding/ prohibiting the respondents not to impose and collect the octroi-toll within the cantonment area of Dehradun and Chakrata (Dehradun) by their own staff or through contractor.

2. The petitioners are residents of Dehradun. According to them, respondent no. 1 is illegally collecting Octroi/toll from the vehicles coming within the cantonment area of Dehradun by exercising powers under section 60 of the Cantonment Act, 1924 read with provisions of Indian Tolls (Army and Air Force) Act, 1901, according to which, the Cantonment Board may impose tax/octroi/toll if two conditions are fulfilled, namely, (i) there must be previous sanction of Central Government and (ii) tax to be imposed must be such which under any enactment for the time being in force may be imposed in any Municipality in the State within Cantonment is situated.

3. Cantonment Board, Dehradun is situated in District Dehradun within the State of Uttaranchal. State of Uttaranchal was created on 9-11-2000, under the provisions of the U.P. Reorganisation Act, 2000. Prior to that date, D










































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