Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11076 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PMS/ 3 2 5 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Mr. G. Kandpal, learned counsel for the petitioner.
2. Mr. B.S. Adhikari, learned counsel for the respondent-Cantonment Board.
3. Mr. Manoj Kumar, learned Central Government Standing Counsel for respondent no. 2.
4. Petitioner applied for sanction of House Plan before Cantonment Board, Dehradun. His application has been rejected, vide order dated 12.09.2025. Thus, feeling aggrieved, petitioner has approached this Court.
5.
Learned counsel for the petitioner submits that there are two reports, one stating that proposed building is outside the restricted area and another is diametrically opposite, which says that the proposed building is within the restricted area.
6.
Learned counsel for the petitioner submits that petitioner be permitted to highlight the said issue by making a representation before the Chief Executive Officer, Cantonment Board.
7. Mr. B.S. Adhikari, learned counsel appearing for Cantonment Board, however, submits that petitioner can raise this issue before the Appellate Authority in an appeal, under Section 340 of The Cantonments Act, 2006.
2025:UHC:11076
8. The writ petition is, accordingly,
disposed of with liberty to petitioner to file appeal before the Appellate Authority. If petitioner files appeal under Section 340 of The Cantonments Act, 2006, the Appellate Authority shall look into the issue, highlighted by petitioner, and take decision, as per law, within four months thereafter.
( Man oj Ku m ar Tiw ar i, J)
11.12.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A585317 26FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.11 05:19:05 -08'00'