questioning the said Judgment, the State Government filed W.P.No.19106/2010 which is pending in this Court. It is agreed among the learned counsel for the parties that no interim order suspending the said Judgment of the Special Court has been granted by this Court. Therefore, as on today, the Government cannot claim that it is the lawful owner of the property in question. Further, the reason given by respondent No.1 that the District Collector has requested it not to grant building permissions/approvals does not stand the scrutiny of this Court. Respondent No.1, being an independent statutory body, cannot be allowed to be dictated by an extraneous agency such as the District Collector in the absence of any such power vested in him for giving such directions under the Cantonments Act, 2006 (for short "the Act"). In any event, even according to the impugned order, the District Collector only requested respondent No1. not to grant building permissions/approvals and the same is not extended to sub-division of an existing plot. If such sub-division is permissible under the provisions governing the layouts approved by respondent No.1, mere sub-division will not affect the rights of the State Government if it is interested in claiming the land. I am therefore of the opinion that there is no legal impediment for respondent No.1 to grant sub-division of the plot in question.
