SEEMA DEVI & ORS. vs UNION OF INDIA & ANR.

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31.10.2025 + W.P.(C) 16523/2025, CM APPL. 67697/2025 & CM APPL. 67698/2025 SEEMA DEVI & ORS. .....Petitioners Through: Mr. Shubham Dhyani, Adv. Mob: 8810625200 Email: [email protected] versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Amit Tiwari, CGSC and Ms. Ayushi Srivastava, GP with Mr. Ayush Tanwar, Mr. Arpan Narwal and Mr. Kushagra, Advs. for R-UOI Mob: 9560036827 Mr. Ankur Mishra and Mr. Gurpreet Singh, Advs. R-2-Delhi Cantonment Board (Through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL) 1. The present writ petition has been filed seeking quashing of the order dated 27th August, 2025, passed by the respondent no.1/General Officer Commanding-in-Chief, Western Command, Chandigarh, in Appeal No. 06/2024, titled as “Shri Mukesh Tanwar Versus Delhi Cantonment Board”. 2. There is further prayer for setting aside the Demolition Notice dated 15th October, 2025 issued by the respondent no.2/Chief Executive Officer, Delhi Cantonment Board, with respect to the property of the petitioner, i.e., Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:03.11.2025 09:55:44 property bearing No. CB-97, Village Naraina, Delhi Cantt-110010. 3. Learned counsel for the petitioners submits that the appeal of the petitioners herein has been dismissed by the adjudicating authority in an arbitrary and mechanical manner. It is submitted that the appellate authority failed to consider the request of the petitioners for regularization and composition, despite the fact that Section 248, proviso of the Cantonment Act, 2006, clearly gives the power to the respondent to regularize and compound the unauthorized construction. 4. After some hearing, learned counsel for the petitioner