Case Note & Summary
The Supreme Court dismissed a batch of appeals filed by the Cantonment Board, Meerut and others against a common order of the Allahabad High Court dated 19.12.2013. The High Court had quashed notices issued under Section 185 of the Cantonments Act, 1924 for demolition of alleged unauthorised constructions, as well as the appellate orders dismissing appeals under Section 274 of the 1924 Act. The respondents (original petitioners) were occupants of shops in Meerut Cantonment who had received show cause notices in August-September 2006 alleging unauthorised construction. The primary authority, the Cantonment Executive Officer, issued a show cause notice on 22.08.2006 and a final notice on 02.09.2006 under Section 185 to stop construction and for demolition. The respondents filed objections and statutory appeals, which were dismissed by the appellate authority. In writ petitions, the High Court rejected the respondents' challenges to the jurisdiction of the Executive Officer and the limitation period of 12 months, but quashed the notices and appellate orders on the ground that the primary authority did not consider the respondents' objections and the appellate authority passed stereo-type orders without giving an opportunity of hearing. The Supreme Court upheld the High Court's order, noting that the show cause notice did not refer to the objections, and the final notice was issued mechanically. The appellate authority relied on a survey report without furnishing it to the respondents. The Court found no error in the High Court's findings and dismissed the appeals, but maintained the liberty granted to the appellants to initiate fresh proceedings under the Cantonments Act, 2006, which had come into force on 18.12.2006. The Court directed that fresh show cause notices be in continuation of earlier notices, with copies of inspection reports furnished and sufficient opportunity given. The question of whether the constructions were unauthorised was left open for the authorities to decide.
Headnote
A) Administrative Law - Natural Justice - Opportunity of Hearing - Cantonments Act, 1924, Section 185 - Show cause notice issued under Section 185 must be followed by consideration of objections; failure to consider objections renders the notice invalid - Held that the primary authority acted mechanically and in a casual manner by not referring to objections while issuing final notice (Paras 11-12). B) Administrative Law - Appellate Authority - Duty to Give Hearing - Cantonments Act, 1924, Section 274 - Appellate authority must fix a date of hearing and give opportunity; passing stereo-type orders without hearing violates principles of natural justice - Held that the appellate authority passed pre-determined orders without giving opportunity (Paras 6, 11). C) Cantonment Law - Limitation for Demolition - Cantonments Act, 1924, Section 185 - Plea of limitation (12 months from construction) rejected by High Court and not challenged by respondents - Held that the finding on limitation is correct and not interfered with (Para 11). D) Cantonment Law - Applicable Act - Transition from 1924 Act to 2006 Act - Cantonments Act, 2006, Section 360 - Repeal of 1924 Act; fresh action must be taken under the 2006 Act - Held that any fresh proceedings shall be under the 2006 Act (Para 13).
Issue of Consideration
Whether the notices issued under Section 185 of the Cantonments Act, 1924 and the appellate orders were valid when the primary authority did not consider objections and the appellate authority passed stereo-type orders without hearing.
Final Decision
Appeals dismissed. High Court order upheld. Liberty granted to appellants to initiate fresh proceedings under the Cantonments Act, 2006, with fresh show cause notices in continuation of earlier notices, furnishing inspection reports, and affording sufficient opportunity. The question of whether constructions are unauthorised left open.
Law Points
- Natural justice
- opportunity of hearing
- consideration of objections
- delegation of powers
- limitation for demolition action
- Cantonments Act 1924 vs 2006 Act
