Unauthorized Structures Must Be Removed from Military Land; Court Enforces Strict Adherence to Lease Terms. The HC dismissed the petition, mandating the removal of unauthorized constructions on military land. The Court upheld the lease deed's specific terms, ...
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Unauthorized Structures Must Be Removed from Military Land; Court Enforces Strict Adherence to Lease Terms.
The HC dismissed the petition, mandating the removal of unauthorized constructions on military land. The Court upheld the lease deed's specific terms, limiting constructions to those explicitly mentioned. Petitioners were advised to adhere strictly to the lease terms. The interim order was discharged, and costs were imposed on the petitioners.
Issues involved: Interpretation of lease deed, unauthorized constructions, authority to grant permission for constructions.
Interpretation of lease deed: The lease deed granted by the Military Estate Officer specified the construction of "four temples, a well, Pujari's hut and a store room" on military land in Kanpur. The petitioners made unauthorized constructions beyond the specified limits, leading to conflicts with the military authority and Cantonment Board.
Unauthorized constructions: The petitioners acknowledged in the writ petition that the constructions were unauthorized. They received warnings for the removal of these constructions. The respondents contended that the lease only allowed constructions for the seven named individuals and for the specific purposes mentioned in the indenture.
Authority to grant permission for constructions: The Court emphasized that the grant in the lease deed was specific and limited to the constructions mentioned. The petitioners sought to justify their additional constructions by claiming lack of permission within a certain period. However, the Court held that the military authority had the discretion to authorize constructions beyond the specified limits.
Decision: The Court dismissed the petition, stating that the unauthorized constructions should be removed. The petitioners were advised to abide by the terms of the lease deed and not seek more than what was originally granted. The Court emphasized that the military administration should not be intimidated into granting ex-post facto permissions for unauthorized acts. The petition was denied admission, and the interim order was discharged, with costs imposed on the petitioners.
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