NDLI: Cantonment Board, Meerut & Anr. Vs. Afzal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1924 ss. 184 and 185 Cantonments Act Illegal erection or re-erection quashing of notice
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Cantonments Act, 2006 (41 of 2006) Cantonments Act, 1924 (2 of 1924)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Cantonments Act, 1924: ss. 184 and 185 – Illegal erection or re-erection – Allegation that respondents carried out unauthorized constructions without prior permission within the area of cantonment – Issuance of notices by Cantonment Executive Officer u/ss. 184 and 185 to respondents for stopping the unauthorized constructions raised by them as well as for demolition of constructions so raised – Writ petitions by respondents seeking quashing of the notices as also order passed by the appellate authority – High Court quashed the notices – On appeal, held: Valid and cogent reasons recorded by the High Court for quashing the notices issued u/s. 185 and orders by the appellate authority – Notices were issued mechanically and in a casual manner – Having issued the show cause notice, the primary authority ought to have referred to such notice and objections, while issuing the final notice but the same was not done – Survey/inspection report to the effect that the respondent raised unauthorised constructions in the area not furnished to the respondents at any point of time though such report was relied on for rejecting the appeals preferred by the respondents – Having regard to reasons recorded in the impugned order passed by the High Court, no error in the order passed by the High Court so as to interfere with the same – Appellants at liberty to initiate fresh proceedings by issuing fresh show cause notices on the allegations made against the respondents – Cantonments Act, 2006.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 558
Petitioner	Cantonment Board, Meerut & Anr.
Respondent	Afzal
SCR	[2019] 6 S.C.R. 275
Judgement Date	2019-04-23
Case Number	3814

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