AIR 1992 SUPREME COURT 61 ::1991 AIR SCW 2728 ::1992 (1) BLJ 407 ::1992 (2) SCC(Supp) 501 ::1992 SCC (Supp) 2 501

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): M. M. Punchhi, K. Ramaswamy , JJ

Constitution of India , Art.14— Cantonments Act (2 of 1924) , S.52(1)(b), S.185(2)— Audi alteram partem - Cantonment Board granting sanction for erection or re-erection - Officer Commanding-in-Chief upsetting decision of Board - He is obligated to give hearing to owner, lessor or occupier besides that to Cantonment Board. Building - Sanction to erect - Cancellation - Hearing must be given. In view of ever expanding scope of Art. 14 no order shall be passed at the back of a person, prejudicial in nature to him, when it entails civil consequences.(Para 5) It is obligatory on the Officer Commanding-in-Chief to give a hearing to the owner, lessee or occupier besides that to the Cantonment Board when he upsets the resolution/decision of the Cantonment Board granting sanction to the owner to erect or re-erect the building. This is in consonance with the scheme of our Constitutional set up. If the Board is obligated to pay loss in the event of its resolution or decision being upset by the Officer Commanding-in-Chief, then confining the right of being heard to the Board, on literal interpretation of the provision alone, serves no purpose as, at its will, the Board may or may not defend its decision or resolution. The real affected party in such situation would obviously be the party ultimately affected by the decision or....