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january 1996

Supreme Court of India · 1996-01-02

CANTONMENT BOARD vs MOHANLAL

Citation / case number
SC 1981/61408
Court
Supreme Court of India
Petitioner
CANTONMENT BOARD
Respondent
MOHANLAL
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court's requirement for an independent enquiry before demolition under the Cantonment Act, 1924 was incorrect, as the Cantonment Board is an elected body that had already considered the respondent's representation regarding illegal construction. The Court found that the principles of natural justice were not violated since the respondent had admitted to the illegal construction and had been given an opportunity to respond. The appeal was allowed, affirming the Board's resolution to proceed with demolition without further enquiry.

CANTONMENT BOARD vs MOHANLAL · Niyam