MESSRS A.G.E. & SONS (PVT.) LTD THROUGH CHIEF EXECUTIVE versus CANTONMENT BOARD CLIFTON THROUGH EXECUTIVE OFFICER AND ANOTHER
Sections 185, 256 and 183 declare and order under the Special Relief Act (I of 1877), sections 42 and 55 of the Civil Procedure Code (v. 1908), O XXXX, RR 1 and 2 suits O XXXX, RR 1 and 2 The application for a restraint, CPC is seeking restraining orders against the Cantonment Board for the execution or implementation or enforcement of vague public notices issued in the daily newspapers, with further prayer that the Cantonment Board Has been booked out to withhold any penalty or adverse action against the plaintiff. In the present case, deviation / unauthorized construction was approved under section 185 of the Cantonment Act, 1924, and unauthorized construction was covered and the plaintiff had one year to submit the required structure fee. Given the time The plaintiff's construction of the project, however, the Cantonment Board later did not complete the construction by approving the resolution advertisement, which was published without notice in the interest of the plaintiff and a public notice was made about it. The plaintiff was not put on notice to explain why he failed to complete the construction within the stipulated period, no particular letter was on record to indicate the date. The plaintiff was told that the project would be completed within one year. Prior to this, no notice of any kind was issued when the staff of the Cantonment Board came into the project and added the construction materials and even the materials contained in the project to the provisions of section 185. 256, The Cantonment Act, 1924 does not authorize the Cantonment Board or the Cantonment Executive Officer to remove content from the site under the circumstances
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