Discretionary lease power under Cantonment land rules does not create an enforceable right to regularisation or mandamus.

Rule 27 of the Cantonment Land Administration Rules, 1937 was held to confer a discretionary power, not a mandatory right, because it uses permissive language and makes any lease subject to approval by the Central Government or its appointed authority. That structure was inconsistent with a compulsory duty to grant a lease in every case. The authorities could therefore refuse relief where sufficient reasons existed, and a writ of mandamus could not be issued to compel grant of the lease as a matter of course.

---

---

Issues: Whether rule 27 of the Cantonment Land Administration Rules, 1937 confers a mandatory right to a lease for regularisation of old grants, and whether a writ of mandamus could be issued directing grant of such lease in every case falling under the rule.

Analysis: Rule 27 uses the expression "may" and makes the grant of a lease subject to the approval of the Central Government or the authority appointed by it. The language of the rule therefore indicates a power to grant a lease and not an obligation to do so in every case. The requirement of approval also implies that the proposed action may be approved or disapproved, which is inconsistent with a compulsory duty to grant the lease in all cases. The Court distinguished situations where permissive language may be construed as mandatory and held that this rule did not fall within that category. The authorities were thus entitled to exercise discretion and refuse relief in suitable cases for sufficient reasons.

Conclusion: Rule 27 is discretionary and does not confer an enforceable right to a lease in every case. No mandamus could issue compelling grant of the lease as a matter of course.

Ratio Decidendi: Where a provision confers power in permissive terms and subjects its exercise to another authority's approval, the provision is ordinarily discretionary and not mandatory unless the statutory context clearly compels a contrary construction.

---