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Mussoorie, October 20
The controversy over the reconstruction of a property belonging to a businessman from Mumbai in Landour Cantonment Board, Mussoorie, has resurfaced once again and left the board members divided on the issue.
The board meeting was called yesterday to respond to the show-cause notice issued by the GOC-in-Chief, Central Command, Lucknow, on the additional resolution No.1 dated 30.06.2012, passed by a majority of the Cantt Board regarding granting permission for reconstruction of a building known as Dahlia Bank owned by a businessman from Mumbai in the Landour cantonment area.
The CEO, Landour Cantt Board, Ashok Chaudhry, supporting the proposal stated that Sanjay Narang had lost his case in civil suit no. 249/2011 in relation to the referred property of Survey No. 157 (Dahlia Bank) vide judgment dated May 26, 2012. The judgment also held that no permission could be granted to the plaintiff for the construction, and with that the suit was dismissed. Thus, any request by Sanjay Narang for construction on the said property was not maintainable.
He said according to the record of the Defense Estate Officer (DEO), Meerut, the property of Survey No. 157 had not been mutated in the name of Sanjay Narang. Hence, he had no locus standi to submit any application for construction, or, for that matter, for any purpose, before the Landour Cantonment Board.
The CEO, Landour Cantoment Board, Ashok Chaudhry, said the property fell within the restricted zone of the Institute of Technology Management (ITM), Landour Cantt Board and accordingly, without their No Objection Certificate (NOC), any construction work would be in violation the Defence Act, 1903. Hence, any resolution ignoring the above facts would be in contravention of the works of the Defense Act, 1903, and illegal.
The members also deliberated on the issue that Survey No 157 was located on B-3 defence land. Hence, under section 238 of the Act, the NOC from the DEO, Meerut, from the land point of view, was an inescapable statuary requirement. Since no NOC was given by the DEO, any resolution ignoring such statuary requirement would be patently illegal. Therefore, the resolution passed in favour of Sanjay Narang should be cancelled.
CEO Ashok Chaudhry said that the owner of the property was continuing the construction work despite the stay order given by the court.
The CEO and a few other nominated members supported the proposal and said if the resolution was not cancelled, a wrong message would go to the public about the working of the board.
However, the elected members along with vice president of the Landour Cantonment Board CP Baloni were seen siding with Sanjay Narang. They opined that Narang was being harassed unnecessarily. Kamal Sharma, one of the ward members, said that already the higher authorities in the armed forces from the GOC Central Command, Lucknow, were investigating the matter. Therefore, the question of bringing such a resolution frequently had no meaning. She also said that Sanjay Narang had won the case in the High Court and, therefore, had full right to continue the construction work at Dahlia Bank.
Supporting Kamal Sharma on the issue, CP Baloni, speaking to the media, said that all the elected ward members opposed the proposal of cancellation of the resolution brought here, and the majority was also of the same opinion.
Meanwhile, residents of the area are shocked at the attitude of the Cantonment Board and have alleged that the whole issue showed an unholy alliance between rich property owners and the cantonment authorities. They charged that on the one hand the authorities were demolishing their houses, on the other they were just paying a lip service to the rich house-owners, flouting all norms in the Cantonment Board.
Authorities hand-in-glove with the rich: Residents
The board meeting was called to respond to a show-cause notice issued by the GOC-in-Chief, Central Command, Lucknow, on an additional resolution passed June 30 by a majority of the Cantt Board members for granting permission for the reconstruction of a building known as Dahlia Bank owned by a businessman from Mumbai in the Landour Cantonment area.



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