Piyush Jain vs Cantonment Board Jabalpur

Sanjay Dwivedi, J

By the instant petition, the petitioner is challenging the order dated 19.05.2021 (Annexure-P/11), which is a notice under Section 320 of the

Cantonments Act, 2006, issued to the petitioner saying that it is an unauthorized construction/encroachment and therefore, the same shall be removed

within a period of ten days, otherwise, appropriate action for removing the same shall be taken by the respondents.

Learned counsel for the petitioner submits that the alleged construction does not fall within the category of fresh construction but it is in the shape of

renovation of old construction, therefore, notice issued to the petitioner is illegal. He further submits that against the said notice, the petitioner has

made a representation to the authority i.e. Annexure-P/12 dated 24.05.2021 and also on subsequent dates, but no action has been taken by the

authorities thereof. He further submits that there is a restrained order passed by the Division Bench of this Court in W.P. No.8820/2021 [ In

Reference (Suo Motu) vs. Union of India and Others] saying that till 15.06.2021, there should not be any demolition.

Learned counsel appearing for the respondent submits that the representation submitted by the petitioner shall be considered by the authority in

accordance with law.

In view of the above, this petition is disposed of directing the respondent authority to consider the pending representations of the petitioner and take

appropriate decision thereof in accordance with law.

It is expected from the respondent that the representation of the petitioner shall be decided prior to 15.06.2021 giving an opportunity of hearing to the

petitioner and till then, there should not be any demolition made to the construction in question.

It is further directed that till the representation of the petitioner is decided, the petitioner will not raise any construction over the premises in question.

With the aforesaid directions, the petition stands disposed of.