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Supreme Court of India 2019-04-23 allowed

Cantonment Board, Meerut & Anr vs Afzal

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court upheld the High Court's quashing of demolition notices issued by Cantonment Board, Meerut to multiple respondents. The Court found that the notices lacked proper jurisdiction and did not comply with statutory timelines—a demolition notice must be issued within 12 months of alleged unauthorized construction. The judgment emphasizes that when the new Cantonments Act, 2006 came into force, authorities must follow its procedures. The Board was permitted to restart proceedings with proper notice, inspection reports, and fair opportunity to respondents, but the substantive question of whether constructions were unauthorized remains for fresh determination."

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Administrative Law Real Property Cantonments Procedural Fairness Ultra Vires

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