LAWS(DLH)-2014-11-79

DANISH INFRATECH PRIVATE LIMITED Vs. DELHI CANTONMENT BOARD

Decided On November 19, 2014
Danish Infratech Private Limited Appellant
V/S
DELHI CANTONMENT BOARD Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, besides seeking declaration that Section 248(1) of the Cantonments Act, 2006 is unconstitutional and ultra vires the scheme of the Constitution of India, also seeks quashing of the notices dated 23rd September, 2013, 22nd January, 2014, 28th February, 2014 and 27th August, 2014 of the respondent under the said Section 248 (1) to the petitioner and order of restraining the respondent from proceeding to demolish the property of the petitioner as well as a direction to the respondent, to permit the petitioner to effect necessary repairs in its property and to regularize the construction existing in the property by taking action on the building plans submitted by the petitioner.

(2.) The petition came up before this Court first on 27th October, 2014 when upon our enquiring from the senior counsel appearing for the petitioner as to how the writ petition in so far as seeking reliefs other than of impugning the validity of Section 248(1)is maintainable in the face of availability of alternative remedy of appeal, and which we were told that the petitioner had already availed of, the senior counsel for the petitioner confined the present writ petition only to the relief of challenging the vires of Section 248(1) supra.

(3.) The facts in so far as necessary on the aspect of vires of Section 248(1) supra are as under.