The Apex Court on 23.04.2019, in Cantonment Board, Meerut & Anr v Afzal , had dismissed the appeal that had been made  against the High Court of Allahabad’s order by the Cantonment Board, Meerut and others praying to quash the notices that had been issued under Section 185 of the Cantonments Act, 1924,  to stop the constructions that had been continuing in an unauthorized manner by the respondents alongside to quash the notices for demolishing the constructions so raised followed by the washing of the appellate authority’s order.

The  aforesaid Act   had been repealed  by Section 360 of the Cantonments Act, 2006 .Prior to the new Act coming into effect, proceedings were initiated by the  Cantonment Executive Officer under Sections 184 and 185 of the 1924 Act, upon the grounds that unauthorized constructions had been carried out without  permission and despite issuing show cause notices no action was taken legally.

Being aggrieved by such notice, a statutory appeal under Section 274 of the 1924 Act had been filed that faced a dismissal. The notice was challenged under Section 185 of the 1924 Act followed by the order and a petition before the High Court.

The orders  were challenged  upon the grounds  such as that there lacked an authority to the Executive Officer for issuing  such notice while the notice was devoid of any jurisdiction, that the notice that was issued was time barred  and that they had not been provided with opportunity of being heard before passing the order by the Appellate Authority. Subsequently, the orders were quashed except the third one, by the High Court while being left open for the appellants for initiating   fresh proceedings.

DECISION HELD BY THE APEX COURT:

When the matter was brought before the Apex Court, the Apex Court while dismissing the appeal, held it did not found any error in the order rendered by the High Court.

Read full judgment here:

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