AKHTARI BEGUM v. CANTONMENT BOARD, CLEMENTOWN DEHRADUN
WPMS/2524/2025 · 2025-08-26
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10506 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10506 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7552 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2524/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Mukesh Kumar Kaparuwan, Advocate for the petitioner. Ms. Mamta Bisht, Deputy Advocate General for the State. Mr. Birendra Singh Adhikari, Advocate for respondent/Cantonment Board.
2. Petitioner raised construction over a land which was purchased by her in the month of January, 2025. Cantonment Board, Clement Town, Dehradun issued a demolition notice under Section 248 of Cantonment Act, 2006 to the petitioner. Thus, feeling aggrieved petitioner has approached this Court challenging the demolition notice.
3.
Learned counsel for the petitioner submits that petitioner had made application for sanction of house plan to Cantonment Board on 08.04.2025; however, her application has not been disposed of so far, whereas a person, who owns adjoining land also applied for sanction of house plan and his application was allowed by Cantonment Board in the month of January,
2025.
4. Mr. Birendra Singh Adhikari, learned counsel appearing for Cantonment Board, however, submits that petitioner has remedy of
2025:UHC:7552 appeal against demolition notice issued under Section 248 of Cantonment Act, 2006. He further submits that there is no pleading regarding date of making application for sanction of house plan by petitioner. He further points out that date on which her neighbour had applied for sanction of house plan has also not been mentioned in writ petition.
5. Having regard to the fact that petitioner’s application for sanction of house plan is pending before Cantonment Board, Clement Town, Dehradun, the writ petition is disposed of by directing Chief Executive Officer, Cantonment Board, Clement Town, Dehradun, to consider the application for sanction of house plan, as per law within six weeks from date of presentation of certified copy of this order.
6. Petitioner shall be at liberty to file appeal against the demolition notice issued to her under Section 248 of Cantonment Act, 2006. If petitioner files appeal within ten days from today, same shall be heard and decided on merits.
7. For a period of ten days, no coercive action shall be taken against petitioner.
(Manoj Kumar Tiwari, J.) 26.08.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f03 1a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC462 6D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.08.26 17:25:50 +05'30'