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

Court : Karnataka

Reported in : 1999(2)KarLJ569

..... 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. ..... raised by the appellant-defendant is that the suit is barred under section 274 of the cantonments act, 1924. ..... 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. ..... 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. ..... by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the board considers that such erection or re-erection is an offence under section 184, and may in any such case or in any other case in which the board considers that the erection or re erection of a building is an offence under section 184, within twelve months of the completion of such erection or re-erection in like manner ..... violatedthe provisions of the cantonments act and the bye-laws thereunder applicable to the buildings in the cantonment area. ..... to give a chance to the plaintiff to approach the authority and file an appeal within the provisions of the cantonments act. ..... 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

..... 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 national capital territory of delhi,- (i) any premises belonging to the municipal corporation of delhi, or any ..... 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. ..... meaning of the words 'public premises' as defined in section 2(e) of the public premises (eviction of unauthorized occupants) act, 1971 read with the cantonments act, 1924 is the subject of decision in this case.facts 2. ..... the submission of learned counsel, in brief, was that in terms of section 108 of the cantonments act, the premises in question vest in and belong to the cantonment board and such premises came within the purview of the act only when section 2(e)(2)(viii) was enacted with effect from 1st june, 1994 and not before ..... 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

..... contends that a combined reading of 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') is not applicable to the ..... the central government had not declared the cantonment area as the development area for the purposes of the development act under section 12(1) of the development act (iii) that the provisions of the development act are not applicable to the cantonment area or that the provisions of the development act had not been extended to the cantonment area in that no notification had been issued under sec- lion 9 of the cantonment act making the development act applicable to the cantonment area, are not required to be considered ..... in that case it was urged that government satisfaction must be stated in 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 was not valid. ..... union of india etc. ..... joseph etc. .....

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

Court : Andhra Pradesh

Reported in : AIR2008AP23; AIR2008Bom23(FB)

..... is relevant to note that the present cantonments act 2006, is a successor to the earlier cantonments act, 1924, which has since been repealed. ..... cantonment fund servants rules, 1937, were framed in exercise of the powers conferred under section 280 of the cantonment act ..... referred the following issue for the determination of a larger bench:whether the school tribunal constituted under section 8 of the maharashtra employees of private schools (conditions of service) regulations act, 1977, could entertain the appeals under section 9 of meps act filed by the employees working in the schools which are established and administered by the cantonment board.when the writ petitions were placed before the full bench, it was of the view ..... the principle one amongst them has been that the school tribunal has no jurisdiction to entertain the appeal under section 9 of meps act in the matters of the teachers employed under the cantonment boards concerning the disciplinary action against them. ..... state government on policy matters, ensures uniform pattern of secondary and higher secondary education, lays down the principles for determining syllabi, prescribes text books, etc; as seen from section 18 of the boards act. ..... boards are concerned, their duties are given in section 19 of the act, which amongst others, include conduct of final examination within its area, to admit the candidates, to open centres within its jurisdiction for the final examination conducted by it, declaration of results, 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)

..... 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, ..... 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. ..... holding, inter alia, that the services of the employees of the cantonment board are neither centralised nor is there a common state-level service and that the impugned rule 5-c, having provided for the transfer of the employees of one board to another board by the goc-in-chief, central command, is beyond the rule making power of the central government as contained in clause (c) of sub-section (2) of section 280 of the cantonment act as it stood before it was amended. ..... framed by the central government in excess of its rule making power as contained in clause (c) of sub-section (2) of section 280 of the cantonment act before its amendment by the substitution of clause (c); it is, therefore, void.15. .....

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

Court : Karnataka

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

..... that the facts and circumstances on hand left the appellant with no other remedy than to approach the civil court for the relief of injunction and as the limitation of 30 days prescribed in the notice issued under section 185(1) of the cantonments act, 1924 was over and in view of the explanation given by the appellant pursuant to her appearance before the board after 30-9-1987 was also over and long after these events, notice under ..... 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 not maintainable in the civil court as there was a specific bar in the cantonments act for seeking remedy in the civil court and thus, prayed for dismissal of the ..... the main object and purpose of the act is to abolish all the estates of the intermediaries like zamindars, inamdars, jagirdars or under tenure holders etc. ..... even so, such a provision by itself is not 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. ..... its sovereign right to collect all the revenues from all the lands and to facilitate the recovery thereof by the government and in that proceeds, if necessary, to deal with claims of occupants of lands, nature of the lands, 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

..... , 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. ..... . 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 ..... 2051, the himachal pradesh high court has also come to the conclusion that under section 60 of the cantonments act, while imposing a profession tax, article 276(2) of the constitution cannot be ..... 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 ..... 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 .....

Mahesh Jain vs.delhi Cantonment Board and Anr

Court : Delhi

..... against the order of sealing, had requisitioned the files of the estate officer; (iii) resultantly, during the pendency of the appeal aforesaid, the 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 said appeals were reserved on 13th august, 2018; (vii) that after the dismissal ..... that when the question, whether the construction is unauthorised or not and/or how much of the construction is unauthorised and/or how much of unauthorised construction if any is regularisable/compoundable is at large in two properly constituted statutory proceedings under section 5b of the pp act and section 248 read with section 340 of the of the cantonments act, opening up of a third front at this stage, by directing consideration of the representation aforesaid, will lead to further complexity. .....

Cantonment Board and ors. Vs. Jagat Paul Singh Cheema

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ60

..... 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. ..... 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. ..... 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. ..... reference was incompetent and consequential order of the officer commanding-in-chief invalid barring his view that the officer commanding-in-chief does not possess jurisdiction to annul the decision of the board under the cantonment act, 1924. ..... judge that the officer commanding-in-chief did not possess jurisdiction to set aside the decision of the board was erroneous as this view of the learned single judge was not countenanced by the provisions of the cantonments act, 1924. ..... learned single judge had not taken into consideration the provisions of section 52(2)(c) of the cantonments act while returning the finding which is impugned in this appeal.10. .....

Amritsar Contonment Board Vs. Kuldip Chand and anr.

Court : Punjab and Haryana

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

..... 'occupier' is defined in section 2(xxiii) of the cantonments act, 1924 which reads as follows:-'2 ..... is so provided in section 2(iv) of the cantonments act, 1924 which is as follows ..... 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 them, and ..... the trial court held that the notification imposing the tax under section 60 of the cantonments act has been validly issued with the previous sanction of the central ..... is not maintainable for want of service of notice under section 80 cpc and under section 273 of the cantonment act? ..... on the term '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. ..... the definition of building as given in the cantonments act would show that it is an inclusive definition. ..... within the provision contained in notification ex.p4 which is as under;-'provided that no such tax shall be leviable where the occupier provides his own conservancy services under intimation to and to the satisfaction of the cantonment board and no conservancy services are rendered by the cantonment act.'-6. ..... of rs.600/- on account of scavenging tax from the plaintiffs for the period 1.1.74 to 31.3.75 by the defendant is illegal etc. .....