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Punjab-Haryana High Court

Puneet Sood vs Cantonment Board Ferozpur Cantt & Anr on 1 June, 2016

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                     CHANDIGARH

                                                          CR No.6971 of 2015
                                                  Date of decision: 01.06.2016


Puneet Sood                                                      .....Petitioner

                                     Versus

The Cantonment Board, Ferozepur Cantt. & another              .....Respondents

                                    .    .   .

CORAM: HON'BLE MR. JUSTICE DARSHAN SINGH

Present:      Mr. Salil Bali, Advocate for the petitioner.

              Mr. Sandeep Khunger, Advocate with
              Mr. Sandeep Sharma, Advocate for respondent No.1.

                                    .    .    .


DARSHAN SINGH, J (ORAL)

The present revision petition has been preferred against the judgment dated 03.09.2015 passed by the learned District Judge, Ferozepur and the order dated 19.03.2015 passed by the learned Civil Judge (Jr. Divn.), Ferozepur.

2. Learned counsel for respondent No.1 contended that though in the letter dated 07.10.2013 it is mentioned that the site plain is attached but the same is not entered in the record of the Defence Estate Officer, Jalandhar Circle, Jalandhar Cantt. He stated that if the petitioner/defendant complies with the provisions of the Section 238 of the Cantonment Act, 2006, by submitting the site plan along with requisite fee, the respondents will have no objection if the petitioner/defendant raises the construction after getting the said site plan sanctioned as per law.

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3. Learned counsel for the petitioner stated that though the petitioner already submitted the site plan, but he will again submit the site plan and will also deposit the requisite fee with the Defence Estate Officer concerned within one month for getting the same sanctioned to raise construction. He further contended that the respondents should consider the sanctioning of the site plan without any sort of bias and expeditiously as the construction of the petitioner has already been delayed.

4. In view of the aforesaid submissions made by the learned counsel for the parties, the present revision petition is hereby disposed of with the observations that if the petitioner/defendant submits the site plan along with requisite fee to the Defence Estate Officer concerned within one month from the date of this order, the Defence Estate Officer concerned will pass the appropriate order on the application/site plan so submitted by the petitioner/defendant within 30 days from its submission without having any sort of bias in his mind due to this litigation, in judicious manner and purely as per rules.

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