JUDGMENT

Hon'ble Lok Pal Singh, J.

By means of present writ petition, petitioner has sought the following relief:-

(i) Issue a writ of certiorari and quash the impugned letter no.13/157/VOL.V/CBL/03 dated 20.02.2019 and Cantonment Board Resolution No.17 dated 16.02.2019 by which the respondent no.1 has rejected the petitioner's application dated 10.1.2019 under Section 234 and 235 of the Cantonments Act, 2006 for sanction of construction of a residential building at Dahlia Bank, Survey No.157, Landour Cantonment, Mussooriee, Uttarakhand, contained as Annexure No.1 to the writ petition.

2. Factual matrix of the case is that on 27.04.2009 petitioner purchased the property Dahlia Bank, Survey No.157, Landour Cantonment, Mussoorie, Uttarakhand, from the erstwhile owner Mr. B.P. Singh vide registered sale deed dated 27.04.2009. Before it, the Central Government through Respondent no.3 had issued a Notification dated 30.08.2005 notifying the Institute of Technology Management (ITM), situated in Landour Cantonment, Mussoorie, under the provisions of Section 3 of the Works of Defence Act, 1903 and prohibiting any construction within 50 meters of the outer crest of the parapet of the ITM. Since