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7. The Petitioner submitted a building application with a notice under Section 179 of the CA 1924 on 15th February 2003 to the CB Meerut proposing the demolition of the seventy year old structure and erection of new structures in its place. The building plans were returned to the Petitioner by the CEO of the CB, Meerut asking him to get the mutation done in his favour before submitting the plan. The Petitioner on 22nd February 2006 applied for correction of the entries in the GLR to show the property as commercial i.e. shops and cinemas instead of „bungalow‟ as the property had in fact been used for a commercial purpose for over 70 years. On 27th February 2006 the Principal Director Defence Estates, Lucknow wrote to the Director General Defence Estates („DGDE‟), Government of India forwarding a letter dated 20th March 2006 of the CEO of the CB Meerut regarding the CB‟s proposal for regularization of the change of purpose relating to the property. In the said letter, after presenting the history, it was mentioned in paragraph 5 that "the change of purpose has already been approved by the Board as plans for shops and Cinema Hall were sanctioned by the Board vide its CBR No. 01, dated 5th February 1952 and CBR No. 1(19), dated 14th June 1957 respectively." Copies of these Resolutions were enclosed with the letter. The CEO, CB Meerut had further reported that the cinema hall which existed at the site was not in a running condition but that the shops therein were still operational. It was stated in the letter that in terms of the instructions issued on 17th May 2000 by Respondent No.3 and those dated 16th November 2002 of the MoD, the building plan submitted by the Petitioner could not be approved by the CB without prior approval of the MoD since the change of purpose was involved. It was stated that "since the Cantonment Board had sanctioned the plan on 14th June 1957 for granting permission to use the premises for purposes other than residential before the said instructions were issued by the GOI, MOD (DGDE), the change of purpose from Bungalow to Cinema Hall and Shops is required to be regularised." In the meanwhile, on 7th August 2005 mutation was effected in the Petitioner‟s name in respect of the property. It was mentioned therein that the Petitioner had "purchased the building and not the land which belongs to the Government of India."

9. On the basis of the sanctioned building plan, the Petitioner commenced reconstruction and redevelopment of the property. The old structure was demolished. In the second week of January 2009 the Petitioner was surprised to come across a news item in the local newspaper that the sanctioned building plans of the Petitioner had been put on hold by the Board by the instructions of the DGDE. The Petitioner then made representations on 9th, 12th and 19th February to a senior official asking them for a personal hearing before any decision was taken. On 25th February 2009, the MoD informed the CEO of the CB Meerut that the GOI India had set aside the Resolution dated 4th January 2008 of the CB. Thereafter, the Petitioner received a letter dated 16th March 2009 from the CB informing him that the MoD had by its order dated 20th February 2009 set aside the CB‟s Resolution dated 4th January 2008. The letter also referred to a Resolution dated 12th March 2009 of the CB whereby it was decided to keep a strict watch to ensure that no unauthorised construction took place. The said letter also referred to a letter dated 18th September 2008 of the CB which according to the Petitioner was never received by him. After the Petitioner made enquiries for the reasons for the sanction being set aside, it was revealed that one Mr. Om Pal on 8th February 2008 sent a complaint to the DGDE. The copy of the said complaint was furnished to the Petitioner pursuant to an application made by him under the Right to Information Act, 2005 („RTI Act‟). In its letter dated 20th February 2008, the CB informed the Principal Director (PD), Defence Estates, inter alia, that no person named Om Pal resided at the given address therefore the complaint was bogus. Further on 5th March 2008, the CB wrote to the PD stating that the DGDE had spoken to the CEO of the CB and advised him that sanction of a shop and cinema hall in the property did not constitute any change of use of land as the CB had already sanctioned the building of the cinema hall and shops more than 50 years ago. It was pointed out that the CB was the competent authority to permit change of use of any land or building and that in the instant case, the sanction accorded by the CB was only a reiteration of the old sanction.

10. A show cause notice was issued by the MoD to the CB Meerut on 21st November 2008 as to why the sanction should not be revoked or modified. A detailed reply was furnished by the CB on 1st January 2009 explaining why the sanction of the Petitioner‟s building plan was legally justified. However, on 20th February 2009 the MoD issued a „notice‟ conveying to the CB, Meerut its decision to set aside the decision dated 4th January 2008 of the CB. This decision conveyed to the CEO of the CB Meerut by the DGDE by a letter dated 25th February 2009. The CB in turn conveyed the decision to the Petitioner by its letter dated 16th March 2009.