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Cantonment Board, Meerut & Anr. v. Afzal

Civil Appeal · 2019 INSC 558Decided 23 Apr 2019
Civil Appeal No. 3814 of 2019
Justice R. Banumathi · Justice R. Subhash Reddy

Background

The Cantonment Board in Meerut issued show-cause notices to several property owners (including the respondent, Afzal) alleging unauthorised construction, followed by notices ordering them to stop construction and demolish the unauthorised portions under the Cantonments Act, 1924. The property owners' statutory appeals against these notices were dismissed by the appellate authority. They challenged both the notices and the appellate orders before the Allahabad High Court, which quashed the orders, finding that the authorities had not properly considered the owners' objections and had passed "stereotype" orders without giving a real hearing. The Cantonment Board appealed to the Supreme Court against this common High Court order covering this batch of over 50 similar appeals.

Decision Breakdown

The Supreme Court dismissed the Cantonment Board's appeals, agreeing with the High Court that the notices and appellate orders were passed mechanically and without genuinely considering the property owners' replies and objections: for instance, a survey/inspection report relied upon to reject an appeal was never even shown to the affected person. The Court upheld the High Court's findings that the Board did have jurisdiction to issue such notices and that there was no time-bar problem, but held that the manner of exercising that power was legally flawed for want of a fair hearing. It confirmed the High Court's liberty to the Board to issue fresh notices and decide the matter afresh, this time following due process and under the correct current law (the Cantonments Act, 2006).

Lesson Learnt

Even when a government authority has the legal power to act against unauthorised construction, it must give the affected person a genuine, reasoned hearing, considering their replies and disclosing any reports relied upon, before demolishing or penalising. A decision made in a "rubber-stamp" manner without real consideration of objections can be struck down for violating natural justice, even if the underlying power itself is valid.

Official source (sci.gov.in)View Judgment (PDF)

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