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2017 Supreme(UK) 280

K.M.JOSEPH, V.K.BIST
Sanjay Narang – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Sharad Sharma, Ms. Indu Sharma, Mr. Rohan Thawani
For the Respondent: Mr. Manoj Tiwari, Mr. B.S. Adhikari, Mr. P.S. Bisht

JUDGMENT :

K.M. JOSEPH, J.

This appeal is filed against the order passed in Writ Petition No. 2609 of 2016.

2. Appellant is the writ petitioner. The writ petition was filed challenging Annexure No. 4 dated 06.11.2014 passed by respondent no. 2-GOC revoking Annexure No. 18 dated 24.09.2013 and directing that notice under Section 248 of the Cantonment Act, 2006 (hereinafter referred to as “the Act”) be issued to the appellant by the Cantonment Board, Landour (hereinafter referred to as “the Board”) for demolition of the unauthorized construction put up by the appellant. Appellant also put in issue Annexure No. 3 Board Resolution No. 1 dated 08.11.2014, by which it was resolved by the Board to issue notice under Section 248 of the Act to demolish the entire unauthorized construction amounting to 28045.57 Sq. Ft. carried out by the appellant. Annexure No. 2 dated 10.11.2014 is called in question by the appellant and it purports to be styled under sub section (2) of Section 248 of the Act at the top of the page, purporting to exercise powers under sub section (1) of Section 248 and g












































































































































































































































































































































































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