PUNE CANTONMENT BOARD AND ANR. versus M.P.J. BUILDERS AND ANR.

PUNE CANTONMENT BOARD AND ANR. versus M.P.J. BUILDERS AND ANR.

Grant of extension of time for completion of building is not automatic; such power must be exercised judiciously with reference to all relevant facts, including any newly imposed restrictions. Where no extension was sought within the statutorily permitted period, the original sanction lapses, and construction cannot...

Source-derived case information.

Parties
Appellant: Pune Cantonment Board and Another; Respondent: M.P.J. Builders and Another
Jurisdiction
India
Judgment Date
09 August 1996
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 1710 of 1987
Outcome
Appeal allowed
Legal Topics
Building Permissions, Extension of Building Sanction, Exercise of Statutory Power, Judicial Review Under Article 226
Municipal Law Constitutional Law Administrative Law Building Permissions Extension of Building Sanction Exercise of Statutory Power Judicial Review Under Article 226

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Parties

Pune Cantonment Board and Another

Appellant

M.P.J. Builders and Another

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment in W.p. No. 1710 of 1987

Legal Issues

  1. 1 Whether extension of time for completion of construction under Section 183-A of the Cantonments Act, 1924, could be granted after expiry of original and extended periods when additional restrictions had come into force.
  2. 2 Whether the GOC-in-Chief was justified in setting aside the CEO's order granting extension.
  3. 3 Whether the High Court was justified in interfering under Article 226 with the GOC-in-Chief's order.

Ratio Decidendi

Grant of extension of time for completion of building is not automatic; such power must be exercised judiciously with reference to all relevant facts, including any newly imposed restrictions. Where no extension was sought within the statutorily permitted period, the original sanction lapses, and construction cannot continue except upon fresh sanction, which is subject to current rules and restrictions. The CEO’s extension was arbitrary and given without application of mind; hence, the GOC-in-Chief’s intervention was justified. The High Court’s interference with the GOC-in-Chief’s order under Article 226 was unwarranted.

Court Disposition

Appeal allowed

Orders

  • Judgment of Bombay High Court set aside.
  • Orders of the GOC-in-Chief reinstated, modified to allow respondent to retain and finish existing structure as per the offer by appellants, but no further extension.