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november 1995

Supreme Court of India · 1995-11-02

THE CONTONMENT BOARD, JABALPUR vs S.N. AWASTHI .

Citation / case number
SC 1994/9892
Court
Supreme Court of India
Petitioner
THE CONTONMENT BOARD, JABALPUR
Respondent
S.N. AWASTHI .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the cancellation of construction permission by the Cantonment Board was illegal due to non-compliance with Section 181(3) of the Cantonments Act, which mandates prior consultation with the Defence Estates Officer. The Court emphasized that while the respondents were not given prior notice before cancellation, the lack of statutory compliance rendered the original sanction void. Consequently, the Court directed the respondents to reapply for permission, which must be considered by the Board within one month, ensuring adherence to legal requirements.

THE CONTONMENT BOARD, JABALPUR vs S.N. AWASTHI . · Niyam