Ram Kumar Garg & Anr. vs Additional Distt. Judge Court No. 12 ... on 23 October, 2018
The scheme of legislation postulated in the statute leaves no manner of doubt that the only building exempted from the purview of U.P. Act No. 13 of 1972 situated in cantonment area is the one which "is" or "may be" appropriated by the Central government. It is quite possible that some part of cantonment areas notified under the Act, 2006/1924 may be left outside the scope of Section 5 of the Act of 1923 but such is not the case at hand. Even if that be a case, the application of U.P. Act No. 13 of 1972 would nevertheless govern the buildings in terms of Section 1(3)(e) being situated in cantonment area. The exemption of buildings has very succinctly been dealt with by this Court in a judgment rendered in the case of Smt. Ruchira Vinayak and others versus IInd ADJ and others decided on 21.10.2003(C.M.W.P. No. 11450 of 1995) and the said judgment in my respectful opinion being in line with the apex court judgment rendered in the case of Brij Sunder Kapoor etc versus 1st Additional District Judge and others reported in 1989 1 SCC 561 would hold the filed.