Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 181a power to sanction general scheme for prevention of overcrowding etc

The Cantonment Board by Its Executive Officer, Camp Belgaum Vs. Smt. J ...

Court : Karnataka

Reported in : 1999(2)KarLJ569

..... 1 that the alleged unauthorised constructions in the suit property had been completed in 1984, especially when the plaintiff-respondent had failed to submit the completion report as required by section 74 of the cantonments act, 1924? 7. ..... contention raised by the appellant-defendant is that the suit is barred under section 274 of the cantonments act, 1924. ..... the plaintiff gave details of construction as per the licence, defendant proceeded to issue demolition notice under section 256 of the cantonments act, dated 30-12-1986. ..... , the defendant justifying the issue of notice of demolition contended that the executive officer of the board had given a personal hearing to the plaintiff before issuing notice under section 256 of the cantonments act. ..... the defendant started alleging that the plaintiff unauthorisedly constructed the building without valid sanction of the cantonment board and directed to demolish the unauthorised construction and to stop further construction under its notice dated 31-8-1984 and 20-3- ..... therefore, even otherwise, the power under section 185 is not restricted to beexercised within the period of 12 months as is sought to be made out by the first appellate ..... the following substantial questions have been raised for consideration:(a) whether in view of the guidelines laid down by the supreme court in shiv kumar chadha v municipal corporation of delhi, the lower appellate court was right in holding that the suit was ..... plaintiff is paying house tax, sanitary tax etc.,3. .....

Jagat Singh S/O Late Chaudhary Badri Singh Vs. the Estate Officer, Del ...

Court : Delhi

Reported in : 2002VAD(Delhi)713; 98(2002)DLT151; 2002(63)DRJ756

..... canvassing this view, learned counsel for the petitioner referred to section 108 of the cantonments act, 1924 to contend that all property acquired, provided or maintained by the cantonment board (constituted under section 10 of the cantonments act) vests in and belongs to the cantonment board. ..... house of parliament for providing residential accommodation to any member of the staff of that secretariat;(2) any premises belonging to, or taken on lease by, or on behalf of,- (i) xxx xxx(ii) any corporation not being a company as defined in section 3 of the companies act, 1956 (1 of 1956), or a local authority established by or under a central act and owned or controlled by the central government,(iii) xxx xxx(iv) xxx xxx(v) xxx xxx(vi) xxx xxx(vii) xxx xxx(viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924); (3) in relation to the ..... the provisos (which in any case were enacted in 1980) are not intended to restrict the generality of the power given to an estate officer who is a gazetted officer of the central government. ..... ' section 178a thereof prohibits the erection of any building in a civil area in a cantonment, except with the previous sanction of the executive officer (and in any other area with the previous sanction of the cantonment board). ..... chapter xi of the cantonments act concerns itself with the 'control over buildings, streets, boundaries, trees, etc. .....

Bahadur Singh Etc. Vs. Union of India

Court : Delhi

Reported in : ILR1976Delhi375

..... sections 110 and 117 of the cantonment act, 1924 (hereinafter called 'the cantonment act') unmistakably contains the conception of planning and before any land is required for planned development the cantonment board and not any other authority shall have dower and authority to initiate proceedings in so far as they relate to the planned development within the delhi cantonment and that the delhi development act, 1957, (hereinafter called 'the development act ..... preparing the scheme for greater delhi, approximating an area of 110 square miles of land were not oblivious of the fact that incorporated area for which it prepared the interim general plan consisted of eight municipal and notified area committees including the notified area committee cantonment board -mentioned ..... the union territory of delhi is not an entity in his own right, being only an agent of the president, the administrator could not further delegate the power and authority delegated to him; but that he had done so in that the impugned notifications had been issued by the housing commissioner and the deputy housing commissioner ..... bahadur singh, one of the petitioners before me, that the cantonment board had sanctioned in his favor a plan for setting up a petrol pump on his land sought ..... interim general plan to prevent unplanned ..... declaration under section 6 of the act and the because the notification used the words 'it appears to the governor, etc' and not the words 'that the governor was satisfied' section 6 notification .....

Smt. Shobha Kailash Bonekar Vs. Cantonment Executive Officer, Cantonme ...

Court : Andhra Pradesh

Reported in : AIR2008AP23; AIR2008Bom23(FB)

..... cantonment fund servants rules, 1937, were framed in exercise of the powers conferred under section 280 of the cantonment act ..... specifically defined for the purposes of this act under section 2(11) as follows:section 2(11) 'local authority' means a zilla parishad, a municipal corporation, or a municipal council, as the case may be.inasmuch as the act itself defines as to what is the local authority, that definition of the local authority under the act will govern the concept of local authority as used under the act and one is not required to look to the definition under the general clauses act. ..... is relevant to note that the present cantonments act 2006, is a successor to the earlier cantonments act, 1924, which has since been repealed. ..... under section 10(2) of the act itself, it is provided that every board shall be a municipality under clause (e) of article 243p of the constitution for the purposes of receiving grants and allocations or for implementing the central government schemes of social welfare, public health, hygiene, safety, water-supply, ..... duty to advise the state government on matters of policy relating to secondary or higher secondary education, ensure a uniform pattern of secondary or higher secondary education and for junior colleges, to lay down guiding principles for determining curricula and syllabi, to prescribe standards of secondary and higher secondary education, to prescribe books, to award certificates to the candidates passing the final examinations, etc. .....

General Officer Commanding-in-chief and anr. Vs. Dr. Subhash Chandra Y ...

Court : Supreme Court of India

Reported in : AIR1988SC876; JT1988(1)SC458; 1988LabIC1014; (1988)IILLJ345SC; 1988(1)SCALE414; (1988)2SCC351; [1988]3SCR62; 1988(3)SLJ91(SC); 1988(1)LC596(SC)

..... raja ram aggarwal, learned counsel appearing on behalf of the appellants, that after the amendment of clause (c) of sub-section (2) of section 280 of the cantonment act, conferring on the central government the power to lay down the conditions of service of the employees of the boards, which include the power to make rules for transfer, rule 5-c is valid, being quite in conformity with the provisions of the rule making power under section 280(2)(c) of the cantonment act. ..... the appeal is directed against the judgment of the allahabad high court striking down rule 5-c of the cantonment funds servants rules, 1937, hereinafter referred to as 'the rules', as ultra vires the provisions of the cantonment act, 1924 and also quashing the impugned order of transfer dated october 27, 1986 passed by the goc-in-chief, central command.3. ..... the goc-in-chief, central command, by his order dated october 27, 1986 transferred the respondent from the cantonment general hospital, lucknow, to the cantonment general hospital, varanasi, in place of one dr. ..... the scheme under the education act envisages the appointment of a principal in relation to a specific college. .....

Smt. Haannurammabai Kalal (Deceased) by L.R. Vs. Cantonment Board

Court : Karnataka

Reported in : 2008(3)KarLJ528; 2008(1)AIRKarR178; 2008AIHC1220(Kar); 2008AIHC1220(Kar)

..... up the stand that there was no sanction accorded to the appellant for construction of new house and secondly she had violated the bye-laws by putting up unauthorised construction and before issuing notice under section 256 of the act, the appellant was given an opportunity on 30-9-1987 but the appellant did not prefer any appeal as provided under the cantonments act, 1924, and therefore, the present suit was ..... but such a person even after the refusal of the ryotwari patta would be entitled to protect his possessory title and long enjoyment of the land and seek an injunction preventing government's interference otherwise than in due course of law and surely before granting such relief the civil court may have to adjudicate upon the real nature or character of ..... other words, even where finality is accorded to the orders passed by the special tribunal one will have to see whether such special tribunal has powers to grant reliefs which civil court would normally grant in a suit and if the answer is in the negative it would be difficult to imply ..... seen in the first place that section 64-c itself in terms provides that the finality to the orders passed by the authorities in respect of the matters to be determined by them under the act is 'for the purposes of this act' and not generally nor for any other purpose. ..... decisive on the point of ouster of the civil court's jurisdiction and several other aspects like the scheme of the act, adequacy and sufficiency of remedies provided by it etc. .....

Cantonment Board, Mathura Vs. Krishna Bricks and Lime Factory

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)80; JT1996(8)SC180; 1996(6)SCALE510; (1996)6SCC72; [1996]Supp6SCR135; (1997)1UPLBEC53

..... section 60 of the cantonments act provides:general power of taxation -(1) the board may, with the previous sanction of the central government, impose in any cantonment any lax which under any enactment for the time being in force, may be impose in any municipality in the state wherein such cantonment is situated:(2) any tax imposed under this section shall lake effect from the date of its notification in the official gazette or where any later date is specified in this behalf in the notification, ..... section 3 of the cantonments act provides that the central government may, by notification in the official gazatte, declare any place or places in which any part of the forces is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of the said act and may by a like notification, declare that any cantonment shall cease to be a cantonment ..... board is concerned which has been established under the cantonments act, has issued the impugned notification in exercise of the power under section 60 of the cantonments act. ..... a learned judge in connection with section 60 of the cantonments act said:section 60 of the cantonments act nowhere says that cantonment boards can levy taxes which can be levied by municipalities subject to ..... the realisation of the tax at the aforesaid rate was in contravention and in violation of section 60 of the cantonments act, 1924 read with section 128(1)(ii) of the u.p. .....

Mahesh Jain vs.delhi Cantonment Board and Anr

Court : Delhi

..... premises remain sealed; (iv) that simultaneously with the initiation of proceedings under section 5b of the pp act, proceedings under section 248 of the cantonments act, 2006, also for demolition of unauthorised construction were also initiated; (iv) orders dated 31st july, 2012, 8th august, 2012 and 21st august, 2012 were passed in proceedings under section 248 of the cantonments act; (v) that the petitioner has preferred appeals under section 340 of the cantonments act against the orders dated 31st july, 2012, 8th august, 2012 ..... and 21st august, 2012 in proceedings under section 248 of the cantonments act; (vi) the orders in the ..... of dismissal of the appeal preferred by the petitioner against the order dated 5th november, 2012 of the respondent no.2, being the estate officer of the respondent no.1, in exercise of powers under section 5c(1) of the pp act of sealing of the work of unauthorised construction in property no.3/4/35, delhi cantt.2. .....

Cantonment Board and ors. Vs. Jagat Paul Singh Cheema

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ60

..... reference being invalid, the officer commanding-in-chief would also lack jurisdiction and authority to annul the decision of the board, for the power of the officer commanding-in-chief to annul the decision of the board presupposes a valid reference to him under section 51(1) of the cantonments act, 1924.16. ..... before dealing with the issues raised by the learned counsel for the parties, reference to the provisions of sections 43, 51 and 52 of the cantonments act, 1924 may be necessary. ..... bhardwaj, learned senior counsel appearing for the respondent submitted that the learned single judge's interpretation of the provisions of the cantonments act, 1924 was correct in law and that no interference was warranted in the impugned judgment. ..... 6/33/b/ap-peal/cantt/jps/dep/nc dated 22nd of november, 2001 of general officer, commanding-in-chief, northern command and restoring resolution dated 18-05-2001 of the cantonment board.2. ..... according to the learned counsel, the reference made by general commanding-in-chief was valid in law as the same was in accordance with section 51 of the cantonments act.6. mr. m.k. ..... the chief executive officer of the board thereafter apprised the board president to refer the matter to the general officer commanding-in-chief, the command. .....

Amritsar Contonment Board Vs. Kuldip Chand and anr.

Court : Punjab and Haryana

Reported in : AIR2004P& H43; (2003)135PLR307

..... is defined in section 2(xxiii) of the cantonments act, 1924 which reads as ..... so provided in section 2(iv) of the cantonments act, 1924 which is as ..... the defendant filed a written statement and stated that (i) the suit is not maintainable as notice under section 273 of the cantonments act was not served before filling the suit; (ii) the suit is time barred; (iii) the plaintiffs did not file any appeal against the order imposing scavenging tax upon ..... for want of service of notice under section 80 cpc and under section 273 of the cantonment act? ..... 'occupier' by the lower appellate court would amount to deleting the expression 'or otherwise using his own land or building' from section 2(xxiii) of the cantonments act.11. ..... definition of building as given in the cantonments act would show that it is an inclusive ..... challenged by the plaintiffs on a number of grounds, namely, (i) the notification dated 5.1.74 imposing scavenging tax is illegal; (ii) the plaintiffs have got flush system in their kothi and the tax has been imposed for out houses, situated in that kothi, which are not in their possession; (iii) the tax imposed is arbitrary, excessive; (iv) the plaintiffs being not in possession of out houses, are not liable to pay ..... that the notification imposing the tax under section 60 of the cantonments act has been validly issued with the previous sanction of the central government. ..... /- on account of scavenging tax from the plaintiffs for the period 1.1.74 to 31.3.75 by the defendant is illegal etc. .....