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M/S DAULAT RAM DEWAN CHARITABLE TRUST & OTHERS versus CANTONMENT BOARD & OTHERS

High Court of Judicature at Allahabad

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M/S Daulat Ram Dewan Charitable Trust & Others v. Cantonment Board & Others - WRIT - C No. 19923 of 2000 [2006] RD-AH 2947 (8 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J.

The petitioners have approached this Court for quashing the impugned order dated 1.10.1999, Annexure-3 to the writ petition.

The case of the petitioners is that the petitioners are running an educational institution known as Diwan Public School imparting education from Class Nursary to Class-XII and the said school is affiliated with CBSE Board, New Delhi. The school is being run in Bungalow No.220, Western Road, Meerut Cant. owned by the petitioners trust. Since the said school is in a very old building, which required extensive repairs, which was carried out by the petitioners, the respondent-cantonment board issued a notice under Section 185 of the Act alleging for unauthorized constructions. The petitioners aggrieved by the aforesaid order, filed an appeal under Section 274 of the Cantonment Act before the Chief Central Command, Lucknow. Various other notices, six in number, pertaining to the different portions of the same bungalow were served upon the petitioners. The petitioners filed the appeals and five of those six appeals were decided on 31.5.1999 whereby the cantonment board has taken a decision to regularize the constructions raised by the petitioners by compounding the same. However, the present appeal appears to be not connected with other appeals and has been dismissed. Aggrieved by the aforesaid order, the petitioners have approached this Court.

The judgment of the other appeals decided by the appellate authority has been annexed with the present writ petition. The only direction given by the appellate authority is that according to the new policy, a decision has been taken to regularize the unauthorized constructions. It appears that the case of the petitioners has also been considered.

In view of the aforesaid fact, no order is necessary in the writ petition. The writ petition is disposed of accordingly.

8.2.2006

V.Sri/-

W.P. No.19923 of 2000


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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