Case: CANTONMENT BOARD,MEERUT  Vs. AFZAL

3. The law relating to administration of cantonments was originally governed by the 1924 Act. The said Act is repealed by virtue of Section 360 of the Cantonments Act, 2006 (for short, ‘the 2006The 2006 Act came into force w.e.f. 18.12.2006.4. Before the new Act has come into force, Cantonment Executive Officer has initiated proceedings under Sections 184 and 185 of the 1924 Act, on the ground thatrespondents have carried out unauthorised constructions without prior permission within the area of cantonment and has issued show cause notices to show cause why legal action should not be taken against the respondents. For the purpose of disposal, we would refer to the notice issued to one Afzal who is the respondent in Civil appeal No.3814 of 2019. The notice issued to the said respondent reads as underOffice of the Cantonment Board Meerut, dated 22 nd Aug, 2006To Afzal Ahmad S/o Faqruddin, 55/pt Ghosi Mohalla, B.I. Bazar, Meerut Cantt.Subject : SHOW CAUSE NOTICEIt has been reported to me that you have carried out the following unauthorized constructions without prior permission in the Shop No.53-54 Ghosi Mohalla, B.I. Bazar, Meerut Cantt.FIRST FLOORRoom Measuringis being constructed in Shop No.53-54, Ghosi Mohalla B.I. Bazar, Meerut Cantt.As this is an offence punishable under Section 184/185 of the Cantonments Act, 1924 (amended), please show cause within 3 days from the receipt hereof, why legal action should not be taken against you under the provisions of the said Section of the Cantonments Act, 1924. In continuation of the show cause notice, further notice is issued on 02.09.2006 under Section 185 of the 1924 Act to stop further construction and for demolition of the unauthorised construction. Aggrieved by the notice dated 02.09.2006 he has filed statutory appeal as contemplated under Section 274 of the 1924 Act. Appeal also ended in dismissal. In all the cases covered in this group, identical and stereo type orders are passed by the primary authority and appellate authority.6. Challenging the notice issued under Section 185 of the 1924 Act and order of the appellate authority, respondents – original petitioners have filed writ petitions before the High Court. The orders impugned in the writ petitions before the High Court were challenged mainly on the gorund that there is no authority to the Executive Officer to issue such a notice and the notice is without jurisdiction. The second ground is that the notice for demolition has to be issued within a period of 12 months from the date of the alleged constructions. It was pleaded that date of construction was not mentioned in the notice, as such, notice was barred by limitation. Another ground before the High Court was that notices were issued in a casual manner and inspite of submitting the reply to the show cause notices, the primary authority has not considered the replies and passed order, and even appellate authority has passed stereo type orders without giving any opportunity and fixing the date for hearing. First two grounds raised by the respondents – writ petitioners were not accepted but however High Court has held that reply filed by the respondents – original petitioners was not considered and no reasons were assigned for rejecting objections. Further, it is also held that the appellate authority has passed orders, which are more or less identical, and passed in a pre-determined manner without giving any opportunity of hearing. While quashing the impugned orders, High Court by impugned order dated 19.12.2013 left open to the appellants to proceed afresh in the light of observations made in the judgment.

Reasoning:
11. At the outset, it is to be noticed that aggrieved by the common order passed by the High Court, Cantonment Board and others have filed appeals and there are no appeals filed by the respondents herein aggrieved by any of the findings recorded in the common impugned order. The jurisdiction questioned by the respondents and the authority of the appellants in issuing notice under Section 185 of the 1924 Act is rejected by the High Court. Similarly further plea of not taking action within a period of 12 months from the date of construction is also rejected by recording reasons. We  do not find any error on such findings recorded by the High Court, more particularly in absence of any appeals preferred by the respondents – original petitioners. At the same time, we are of the view, valid and cogent reasons are recorded by the High Court for quashing the notices issued under Section 185 of the 1924 Act and orders by the appellate authority. Apart from the reasons assigned in the impugned order we have also verified the other material placed on record. So far as Afzal who is respondent in Civil Appeal No. 3814 of 2019 is concerned, show cause notice dated 22.08.2006 is issued alleging that he has constructed the shop no.53- 54 at Ghosi Mohalla, B.I. Bazar, Meerut Cantt., but same is not even referred to in the final notice issued on 02.09.2006. It is the case of the respondents that objections were filed, and their objections were also not considered. Having issued the show cause notice, the primary authority ought to have referred to such notice and objections, if any, to such notice, while issuing the final notice on 02.09.2006. It is clear that notices are issued mechanically and in a casual manner. Even the appellate authority, relying on the survey report dated 10.08.2006, has held that the respondent in Civil Appeal  No.3814 of 2019 has raised unauthorised constructions on the first floor of the shop without taking any permission of the competent authority. Further, it is stated that such survey/inspection report is not furnished to the respondents at any point of time though such report is relied on for rejecting the appeals preferred by the respondents.12. While quashing the notices in the impugned order in the writ petitions filed before the High Court, High Court has left it open to the appellants to issue fresh notice and to pass appropriate orders by following procedure contemplated under law. In that view of the matter, while it is always open to the appellants to initiate fresh proceedings by issuing fresh show cause notices on the allegations made against the respondents, but at the same time having regard to reasons recorded in the impugned order passed by the High Court, we do not find any error in the order passed by the High Court so as to interfere with the same in these appeals.