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Supreme Court of India 2019-04-23 dismissed

CANTONMENT BOARD,MEERUT vs AFZAL

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

A group of property owners in Meerut Cantonment challenged demolition notices issued by the Cantonment Board for unauthorized constructions under the Cantonments Act, 1924. The High Court quashed these notices, finding they were issued mechanically without considering the respondents' objections and that the appellate authority passed stereotyped rejection orders without affording proper hearing. The Supreme Court dismissed the Board's appeals, upholding that though the Board had authority to issue notices, the procedural defects were fatal. The Court allowed fresh proceedings under the Cantonments Act, 2006, but required the Board to provide inspection reports, afford proper hearing, and follow correct procedures.

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Administrative Law Cantonments Demolition Procedure Procedural Due Process Unauthorized Construction

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