Delhi High Court - Orders
Sandeep Tanwar & Anr vs Union Of India on 1 December, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18187/2025 & CM APPL. 75233/2025
SANDEEP TANWAR & ANR. .....Petitioners
Through: Mr. Aman Bhalla, Mr. Sidharth Chopra,
Mr. Hriday Gandhi and Mr. Neeraj
Kumar, Advocates.
versus
UNION OF INDIA .....Respondent
Through: Mr. Satya Ranjan Swain, CGSC with
Mr. Arnav Mittal, GP and Mr. Kautilya
Birat, Advocate for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 01.12.2025
1. Having regard to the nature of grievance raised, we provide that this petition shall be treated as a Public Interest Litigation Petition.
2. Petitioners to file their affidavits in terms of the Delhi High Court rules pertaining to PILs within two weeks.
3. On the oral prayer made by learned counsel for the respondent, let (i) Director General of Defense Estate (DGDE), New Delhi, (ii) Cantonment Board of New Delhi and (iii) Cantonment Board of Agra be impleaded as party respondents.
4. The amended memo of parties shall be furnished by the learned counsel for the petitioner within a week.
5. Issue notice to the respondents. On behalf of respondents Mr. Satya Ranjan Swain, learned CGSC has put in appearance and accepts notice.
6. Though by instituting this petition, a notification issued on 31.12.2024 W.P.(C) 18187/2025 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:15:07 under Section 13 of the Cantonments Act, 2006 (hereinafter referred to as "the Act") has been challenged, however it appears that the grievance raised in the petition primarily concerns itself with not holding the elections of the Cantonment Boards, which are statutory bodies created and incorporated under the Cantonments Act, 2006. To ensure democratic functioning of such Cantonment Boards, the Act envisages a process of election.
7. According to the learned counsel for the petitioner, the last elections in the Cantonment Boards were held in the year 2015 and, thereafter the respondent/Union of India instead of taking steps to ensure democratic functioning of these Cantonment Boards, has been issuing repeated notifications under Section 13 of the Act.
8. Learned counsel representing the Union of India, however states that in order to bring uniformity in municipal laws governing the cantonments and adjoining State Municipalities, a proposal for excision of the civil areas from certain Cantonment Boards and their merger with the adjoining municipalities is pending consideration and the same has been taken up with the concerned State Governments. Such process, according to the learned counsel for the respondent, is likely to take time and to meet such exigency; notifications under Section 13 of the Act have been issued.
9. Section 13 of the Cantonment Act, 2006 reads as under:
"13. Power to vary constitution of Boards in special circumstances.--(1) Notwithstanding anything contained in section 12, if the Central Government is satisfied,--
(a) that by reason of military operations, it is necessary, or
(b) that, for the administration of the cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a declaration to that effect.
(2) Upon the making of a declaration under sub-section (1), the Board in the cantonment shall consist of the following members, namely:--
(a) the Officer Commanding the station, W.P.(C) 18187/2025 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:15:07
(b) the Chief Executive Officer, and
(c) one member, not being a person in the service of the Government, nominated by the Central Government in consultation with the General Officer Commanding-in-Chief, the Command.
(3) The nomination of a member of a Board constituted under this section, and the vacancy in the membership thereof shall be notified by the Central Government in the Official Gazette.
(4) The term of office of a Board constituted by a declaration under sub-section (1) shall not ordinarily extend beyond one year: Provided that the Central Government may from time to time, by a like declaration, extend the term of office of such a Board by any period not exceeding one year at a time:
Provided also that the Central Government shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the Central Government, the reasons stated in the declaration whereby such Board was constituted or its term of office was extended, have ceased to exist.
(5) When the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the former Board which, but for the declaration under sub-section (1) or sub-section (4), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under section 12."
As per the aforequoted provisions of Section 13, the Central Government is empowered to vary the Constitution of the Board under some "special circumstances". The circumstances mentioned therein are (i) that by reason of military operations, it is necessary or (ii) for administration of the cantonment, it is desirable to vary the Constitution of the Board in any cantonment area. In the aforesaid two situations, only the Central Government is empowered to issue a notification in the official gazette varying the Constitution of the Board.
10. Sub-section (2) of Section 13 provides certain consequences of making a declaration under sub-Section (1) of Section 13, according to which once any such declaration under Section 13(1) is made, the Board in any cantonment area shall consist of the Officer Commanding the station, the Chief Executive Officer and one member, to be nominated by the Central Government in consultation with the General Officer Commanding-in-Chief, the Command.
11. Thus, in case of any notification issued under Section 13 of the Act, the Cantonment Board does not comprise of any elected member as envisaged W.P.(C) 18187/2025 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:15:07 under Section 12 of the Act. Such provision, prima facie, appears to have been made to ensure democratic functioning of the Cantonment Board. However, consistent and repeated use of Section 13 of the Act scuttles the democratic process by which the Act envisages the Cantonment Board to function.
12. Let an affidavit in reply be filed by the respondent not only giving paragraph wise reply to the averments made in the writ petition but also answering the aforesaid issues, including the issue as to how repeated promulgation of notification under Section 13 of the Act can be permitted without resorting to constitute the Board in terms of the requirement of Section 12 of the Act to ensure that cantonments are administered through democratically elected Boards. The said affidavit in reply shall be filed within four weeks. Two weeks' time thereafter shall be available to the petitioner to file rejoinder affidavit, if any.
13. List on 11.03.2026.
DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 1, 2025 yrj W.P.(C) 18187/2025 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:15:07