Manish Sarpal v. Delhi Cantonment Board

Signature Not Verified Digitally Signed By:AM UL YA

Appeals, we have not examined the applications seeking condonation of delay.

The appellants in the aforesaid appeals have assailed the common order dated 23.03.2017 passed by the learned Single Judge in their respective writ petitions. The appellants had challenged the sealing orders passed by the Delhi Cantonment Board on the ground that no appeal was maintainable , against the said orders. Since at the time of filing of writ petition, the appeals against the demolition orders passed by the Cantonment Board as well as the compounding applications of the appellants were pending, the learned Single Judge has directed prior disposal of the appeals and the compounding applications. Accordingly, the Appellate Authority has vide order dated 23.02.2017, disposed of the appeals filed by the appellants. The Appellate Authority directed, that the portion of the premises of the appellants which were beyond the construction limits of FAR/set backs etc. as provided in the existing building bye-laws, notified by the Government of India in Gazette Notification dated 08.06.2002 be demolished. The further direction was issued that the appellants would not be entitled to carry out any construction in the demised premises in contravention to the provisions of Cantonment Act, 2006, building bye-laws and policies on the subject.

Before the learned Single Judge there was no challenge to the order passed by the Appellate Authority; in fact the impugned order records that none of the parties wish to challenge the said orders. Consequently, vide the impugned order the respondent-Cantonment Board was directed to demolish within six weeks those portions of the

demised premises of the Appellants which were beyond the construction limits of FAR/set backs, etc. as provided in the building bye-laws and policies notified by the Government of India in Gazette Notification dated 08.06.2002 within six weeks thereafter. The learned Single Judge further directed, that after demolition had been carried out, possession of the premises be handed back to the respective appellants after removing of the seal. It was also directed that in case, after demolition, the property becomes unsafe for human habitation, Delhi Cantonment Board was at liberty to take action in accordance with law. The rights of the appellants to assail any such action under the law was also preserved.