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Madhya Pradesh Court November 1979 Judgments

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Nov 05 1979

Mohanlal Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Nov-05-1979

Reported in: AIR1980MP87

Singh, C.J.1. The petitioner is the owner of houses Nos. 14/73, 14/74 and 14/75, situated in Sadar Bazar Sagar. On 27th March 1973 a notice was issued by the Executive Officer, Cantonment Board, Sagar, purporting to be under Section 185 of the Cantonments Act, 1924 stating that the petitioner had made certain new constructions without permission and directing the petitioner to demolish these constructions within 15 days. The petitioner filed a reply to this notice on 2nd May 1973. The petitioner disputed the fact of making new construction. The petitioner's case in the reply was that he had only repaired his old houses. The Executive Officer then issued a notice on 3rd January 1974 purporting to be under Section 256 that the unauthorised construction will be demolished on 29th January 1974. In this notice no finding was recorded by the Executive Officer as to why the reply submitted by the petitioner that there was no new construction and that the petitioner had only repaired his old h...


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