Uttarakhand High Court
Raj Endra Singh And Anot Her - Appellant S vs Union Of I Ndia And Anot Her on 2 May, 2025
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HIGH COURT OF UTTARAKHAND AT NAINITAL
H ON 'BLE JUSTI CE SRI M AN OJ KUM AR TI W ARI AN D
H ON 'BLE JUSTI CE SRI ASH I SH N AI TH AN I
Special Appeal No. 280 of 2016
Raj endra Singh and anot her - Appellant s
Versus
Union of I ndia and anot her - - Respondent s
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Presence: -
Mr. Adit ya Singh, Advocat e for t he appellant s
Mr. Sanj ay Bhat t , Adv ocat e for t he Cant onm ent Board/ respondent No. 2
Mr. A.D. Tripat hi, Advocat e for t he int erv ener
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Th e Cou r t m a de t h e follow in g:
JUDGMENT:
( pe r H on 'ble Ju st ice Sr i M a n oj Ku m a r Tiw a r i)
1. Appellant s filed Writ Pet it ion ( M/ S) No. 1866 of
2014, challenging not ices issued by Chief Execut ive
Officer, Cant onm ent Boar d, Ranikhet on 02.06.2014
and 01.08.2014. By t he said not ices, t hey were asked
t o r em ove unaut horized const r uct ion, raised by t hem in
building No. 102, sit uat e in Deolikhet , Ranikhet , Dist r ict
Alm ora. The writ pet it ion was dism issed by t he lear ned
Single Judge vide j udgm ent dat ed 16.08.2016, which is
im pugned in t his w rit pet it ion. Relevant ext ract of t he
im pugned j udgm ent is repr oduced below : -
" 7. For abundant pr ecaut ion, t he Chief Execut ive Officer
of t he Cant onm ent Boar d has clear ly st at ed t hat t he not ice
w hich was ear lier given under Sect ion 256 of t he
Cant onm ent s Act , 1 924 should now be r ead as not ice given
under Sect ion 320 of t he Cant onm ent s Act , 2006. As such
t her e is no anom aly, m uch less any t echnical flaw in t he
not ices as alleged by t he lear ned Senior Counsel for t he
pet it ioner s.
8. Anot her ar gum ent of t he lear ned Senior Counsel for
t he pet it ioner s is t hat under t he Cant onm ent s Act , 1924,
not ice under Sect ion 256 of t he old Act can only be given
aft er a r esolut ion of t he Boar d w her eas under t he new
Cant onm ent s Act , 2006 not ice has t o be given only by t he
Chief Execut ive Officer.
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9. This cont ent ion of t he pet it ioner s appear s t o be
incor r ect inasm uch as language of Sect ion 320 of t he
Cant onm ent s Act , 2006 clear ly st at es t hat a not ice under
Sect ion 320 can be given by t he Boar d as w ell as by t he
Chief Execut ive Officer. Ther efore, t her e is absolut ely no
anom aly in t he or der s dat ed 02.06.2014 and 01.08.2014.
10. The w r it pet it ions have no m er it and ar e her eby
dism issed. I nt er im or der dat ed 12.08.2014 st ands vacat ed.
Respondent aut hor it ies ar e her eby dir ect ed t o t ake an
act ion against t he pet it ioner s in accor dance w it h law."
2. Appellant s have challenged t he said j udgm ent
m ainly on t he gr ound t hat t he not ices wer e issued in
exer cise of power under Sect ion 256 of Cant onm ent s
Act , 1924, w hile Sect ion 256 was not exist ing in t he
st at ut e book aft er r epeal of Cant onm ent s Act , 1924.
3. Lear ned counsel appearing for Cant onm ent Board
has draw n our at t ent ion t o t he im pugned not ice. I n
para 2 t her eof, t her e is r efer ence t o Sect ion 320 of
Cant onm ent s Act , 2006, w hich has r eplaced t he
Cant onm ent s Act , 1924. Sect ion 320 of 2006 Act
enables t he Boar d, Civil Area Com m it t ee or t he Chief
Execut ive Officer of a Cant onm ent t o t ake necessar y
act ion, in t he event of non- com pliance of t he t erm s of
any not ice, or der or r equisit ion, issued t o any per son
under t he Act .
4. Since t he pow er w hich was available under Sect ion
256 of Cant onm ent s Act , 1924 is st ill available under
Sect ion 320 of 2006 Act , and t her e is r eference t o
Sect ion 320 of Act No. 41 of 2006, t her efor e, first
gr ound of challenge, raised on behalf of t he appellant s
is wit hout any subst ance.
5. Lear ned counsel for t he appellant s t hen subm it s
t hat im pugned not ices wer e issued by Chief Execut ive
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Officer of t he Cant onm ent Board w hile as per law, t he
com pet ent aut hor it y t o issue t he not ice is t he Boar d.
Lear ned Single Judge has dealt w it h t his cont ent ion in
para 9 of t he im pugned j udgm ent .
6. Sect ion 320 of Act No. 41 of 2006 pr ovides t hat in
t he event of non- com pliance wit h t he t erm s of any
not ice, or der or requisit ion m ade under t he Act , Rule or
Bye- law, t he Boar d, Civil Ar ea Com m it t ee or t he Chief
Execut ive Officer m ay t ake such act ion, as m ay be
necessar y, aft er giving not ice in w rit ing t o a per son
against w hom any act ion is pr oposed t o be t aken. Thus,
w e concur wit h t he view t aken by lear ned Single Judge
t hat Chief Execut ive Officer is also com pet ent t o issue
not ice befor e t aking any act ion under Sect ion 320 of
Act No. 41 of 2006.
7. Fr om per usal of t he r ecor d, it is r evealed t hat t he
pr oper t y in quest ion was originally leased out by t he
Secret ar y of St at e for I ndia in Council in favour of one
Mr. Khuda Bux on 21.06.1915 and t her eaft er, one Mr.
Mandan Mohan Khulbe becam e lessee of t he afor esaid
pr oper t y. I t is also r evealed fr om per usal of t he record
t hat w rit pet it ioner s/ appellant s, by t r espassing upon
t he afor esaid pr oper t y unaut horizedly raised
const r uct ion, for w hich, dem olit ion not ices wer e issued
t o t hem fr om t im e t o t im e since 19.08.2000.
8. Mr. Madan Mohan Khulbe, t he lessee, also filed
Writ Pet it ion ( M/ S) No. 1683 of 2009, raising t he issue
of illegal const r uct ion, raised by w rit
pet it ioner s/ appellant s over t he pr oper t y in quest ion.
The said w rit pet it ion was disposed of vide order dat ed
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13.05.2014 by r ecording t he st at em ent m ade by
lear ned counsel appearing for t he Cant onm ent Boar d
t hat decision on t he quest ion of renewal of lease shall
be t aken w it hin ninet y days and t he
illegal/ unaut horized const r uct ion, if found t o be raised
on t he pr oper t y in quest ion, shall also be appr opriat ely
dealt wit h. The im pugned not ices appear t o have been
issued t o t he w rit pet it ioner s/ appellant s in t er m s of t he
st at em ent m ade on behalf of Cant onm ent Boar d before
Writ Cour t .
9. Mr. A.D. Tripat hi, lear ned counsel appearing for
t he int er vener, subm it s t hat due to unaut horized
const r uct ion for cibly raised by w rit pet it ioner s/
appellant s over t he pr oper t y in quest ion, t he com pet ent
aut horit y is not considering int er vener 's prayer for
r enewal of t he lease. He subm it s t hat w hat ever
st r uct ure has been raised by t he appellant s over t he
pr oper t y in quest ion is wit hout any aut horit y of law as
neit her t he lease- holder nor t he ow ner of t he pr oper t y
has perm it t ed t he appellant s t o raise such st r uct ur es.
10. When asked about t he aut horit y under w hich
appellant s had raised const r uct ion over t he pr oper t y in
quest ion, lear ned counsel for t he appellant s could not
show any docum ent t o show t hat appellant had any
r ight , t it le or int er est over t he pr oper t y in quest ion.
11. Thus, t he only infer ence which could be gat her ed
is t hat pet it ioners wer e t r espasser s over t he pr oper t y in
quest ion w ho have failed t o r em ove t heir unaut hor ized
const r uct ion, even aft er r epeat ed not ices given t o t hem
by t he com pet ent aut horit y.
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12. Lear ned Single Judge has given valid reasons for
dism issing t he w rit pet it ion, wher ein w rit pet it ioner s
challenged t he not ices issued t o t hem by Cant onm ent
Boar d. Thus, any int er ference wit h t he im pugned
j udgm ent w ould not be war rant ed.
13. I n such view of t he m at t er, t he Special Appeal fails
and is dism issed.
_______________________________
M AN OJ KUM AR TI W ARI , J.
__________________________
ASH I SH N AI TH AN I , J.
Dt : 2 nd May, 2025
Shiksha
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Date: 2025.05.05 17:33:38 +05'30'
