court of mp... · lucknow cantt. -226002 ~d no. ... a copy of judgment dated 28.01.11, passed by...
TRANSCRIPT
Tele Mili: 6928Civil : 2627075
To,The Principal Director, DE,Directorate of Defence Estate,17 Cariappa Road,LUCKNOW CANTT. -226002
~DNO. WP NO. 32321l0/DEOIJBPIDefence Estate Office,Jabalpur Circle, Jabalpur Cantt.Dated: c6 May' 2011
Subject: Forwarding of Landmark Judgment passed in WP. No. 3232/10
Sir,
A copy of judgment dated 28.01.11, passed by the High Court of M.P. in WP. No.323211 0, filed by Shri Dwarka Prasad Verma regarding extension of Civil Area withinCantonment is enclosed herewith for information and record please.
Encls : as above
Copy to:
~rector General, DE,Govt. of India, Min. of DefenceUlaan Bater Marg,Delhi Cantt. - 10
Defe e Estate OfficerJabalpur Circle, Jabalpur Cantt.
e S.S. Grewal)
W.r.t. above along with a copy of judgment dated28.01.11, passed by Hon 'ble High Court of MPfor information please.
Internal
Land section
Float file
~/)'~~·>··\ \b~~
CANTTS SECTION
DGOE-
Sr.AddIDG
AddlDG
Dy. DG IAsstt. OG ~
Oy. Oir/Asstt. Oir
SOIOS/ADEO
Diary No. & Date ~ \-1 ~ l1t:t 1)f lA
HIGH COURT 0.£ MADHYA PRADESH AT JABA~
II MEMORANDUM /1 .
e No. QLP.A.S:..JWE3i?J.-?:.j JDlab~jpur, Date~_~ 201 O.
Top I--,;~.n ~.......~. ..l h:Q. ....oottJeD·0tDCe ""...,.....-.k OiJf;~
........~.p...F..c?J .....au: L).~.C.O' ~1;r~··
...........QQ0.trQ ..'.0:~:r. d.ff1:~b..~y?Cl
, ••••••• , ••• ~ •••• '" ro ••••••••••• I •.••.•••••••••••••• _ •••••••••••••••••••• \ •••••• c , ~ •• c •• ~ ••••••••
Sub.~ COPYaf order pass,.'d by the Hon'ble Court.
. . r· .': cV7/! !/~l) r. Please find enclosed herewith copy of o. der dated /. .
passed by the Hon'ble Court in Writ Petition No 323.,p/(r!..i ; .{ IJ!.!!::~Ytr td I/r:J.!f'1f.. v« /A.Q.L.:, ..:#..P.~ J
for your needful at your end as per order of Hon'ble Court.
u ..~\\~f~Lr
(AJAY PAWAR )DEPUTY REGISTRAR (.JlTDICIAL)
~.
Il\J 'l'lill lUGH COUHT U.l'· !'i.F. Pi<.li-JClh\L ..:.>1::1,1' ,.\'1' _v?0/:.L:I-l:~.
3-)e l....-w:-it Petition No. ~ Of ~010 (PIL).
PE~~Ol\jER'I
.:' ..~
....2~;ed ebo ut; 53 years, 5/0 121l'e Sl1ri R.C.
Boar-Cl,J'abc:lpur, Rio plot t,~o. 79/116;
v ABi-',LPU.R •
H.ESPOi.'JlJEN.:.'S :
the Secret2rjl, i':inistr)' of lJc..lE:::nCC, Govt.
(2) The Dirc.:ctor Ccnel:2J., Defence
(3) The Pr ine ir·cd. Direct ~';}:.
.'through its Chief ~):ce~tive Officer at
(5) The President, CantCJiJlI;cnt
Boa.co., Jabal pur at Ce n t orirno n t, '..1 •• :j, ..1..:f Li<.
(6) The r..x.: fence Es t <::~ co (-:1' iCe!.-
(7) 'i'he Commc no e nt: , Ann,)-' Stc:t.i !'n
,',
o
"", I.
I
I
I~,,'DATE OF THE
ORDER
HIGH COURT OF MADHYA PRADESH ,,'- ~/(" ~-t ')
/ j./",/ -- -,\ - / ~
<, - _ - -f';/\' ~ '.1.-'-- ,:\,If
ORDER SHEET
CASE No 201 :
Y" '
............................................... VS , ,..."
ORDER
w. P. No. 3232 I 2010
28-01-2011
Shri A.M.Trivedi, learned senior counsel with Shri S.M,Patel,appearing for the petitioner.
Shri R.L.Gupta, learned counsel for the respondents No.1, 2, 3, 6& 7.
Shri Anoop Nair, learned counsel for the respondents NO.4 & 5.
By means of this petition under Section 226 of the
Constitution of India as public interest litigation the petitioner has
sought Issuance of a writ of mandamus commanding the
respondents, Ministry of Defence, Government of India, to extend
the civil area in Cantonment Board, Jabalpur.
We have heard the learned counsel appearing for the
parties.
It is vehemently contended that in view of Section 46 of the
Cantonments Act, 2006, the respondents are bound to Increase
,6<~:':'<;:i·;:~",., the civil area of the Cantonment Board, Jabalpur, keeping in view" . v '" """ 117 '1 ''.,.~?~r: ,.;;;;;' ", "Z~~the civil population ofthe locality. It is further submitted that wh iI"
,\~~ y~'\ Cantonment Board in this regard has already sent a proposal to
"~:j;~,.~ M ~he Central Government but till date no decision has been taken., i\ l.i (,;,U ) <-r; ',' '
• .J .:t.: t'~>';~ ..'-;':\:0- ~ - On the other hand, learned counsel appearing for the
";(t~~~~~~~~ respondent No. 6 opposed the prayer and drew our attention to
the averments made in the return filed wherein it has been stated
that the respondents have already conveyed their views and net
accorded NOC (No Objection Certificate). Learned counsel further
submits that Section 46 of the Act IS not mandatory in nature
.,
""
f
HICiH COURT OF MADHYA PRADESH
ORDER SHEET
~;t.iI~.lr..Cqf. CASE-No 3~.3..~/ 201 R .
Having heard the learned counsel for the parties we are of
the view that the facts of this petition and the relief sought, in fact,
cannot be treated to be in public interest as no public interest is
involved in the matter specifically, in view of the allegations made
by the respondent No. 6 in their return to the effect that the
, .'"," petitioner is an encroacher who wants to get it regularised, which
,a\gations have not -been denied or controverted by the
'pe~tioner. That apart, on a perusal of S:ction 46 of the Act, onI ,
which heavy reliance has been placed by the learned counsel for..the petitioner, it is clear that it is an enabling provision and it is for
the Central Government to decide as to which area should be
declared as a civil area and whether it is to be increased, modified
or reduced and, therefore, a writ to increase the civil area as
.souqht by the petitioner cannot be issued. We, therefore, do not
find any merit in the petition. It is accordingly dismissed. ;
DATE OF THEORDER
,..
-,' -
............................................... Vs .(2)
ORDER
whereunder one can seek mandamus commanding the authorities
to extend the boundary of civil area. It is also stated in the return
that the petitioner is motivated by personal interest as the
petitioner has himself encroached upon defence land which he
now seeks to be declared as civil area and, therefore, the petition
is a personal interest litigation.
Shri Gupta, who has appeared for respondents No.1, 2, 3,
6 and 7,further submitted that after the census for the year
2010-11 the m~tter i'~fn progres.s. an~ at this stage the .petition is
premature. Besides that, the petition IS beyond the purview of thel. ,~ \
public interest litigation.
IIi Q,qJ(S.R.Alam\