Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender- Toll tax - Collection of- Respondent nos.1 and 2 made highest bid of Rs. 1. 02 lakhs per day - Bid approved |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Cantonments Act, 1924: ss. 184 and 185 – Illegal erection orre-erection – Allegation that respondents carried out unauthorizedconstructions without prior permission within the area of cantonment– Issuance of notices by Cantonment Executive Officer u/ss. 184and 185 to respondents for stopping the unauthorized constructionsraised by them as well as for demolition of constructions so raised– Writ petitions by respondents seeking quashing of the notices asalso order passed by the appellate authority – High Court quashedthe notices – On appeal, held: Valid and cogent reasons recordedby the High Court for quashing the notices issued u/s. 185 andorders by the appellate authority – Notices were issued mechanicallyand in a casual manner – Having issued the show cause notice, theprimary authority ought to have referred to such notice andobjections, while issuing the final notice but the same was not done– Survey/inspection report to the effect that the respondent raisedunauthorised constructions in the area not furnished to therespondents at any point of time though such report was relied onfor rejecting the appeals preferred by the respondents – Havingregard to reasons recorded in the impugned order passed by theHigh Court, no error in the order passed by the High Court so as tointerfere with the same – Appellants at liberty to initiate freshproceedings by issuing fresh show cause notices on the allegationsmade against the respondents – Cantonments Act, 2006. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2010 INSC 74 |
Petitioner | Cantonment Board, Meerut & Anr. |
Respondent | K.p. Singh & Ors. |
SCR | [2010] 2 S.C.R. 269 |
Judgement Date | 2010-02-01 |
Case Number | 1091 |
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