Law:

Section: 179

Law: Specific Relief Act, 1877

Section: 54

Cantonments Act (II of 1924)--- ----S. 179---Specific Relief Act (I of 1877), S. 54---Construction of commercial building on a residential plot in violation of the Cantonment Housing Scheme's master plan---Subject plot was initially allotted to person "M" with a condition mentioned in the allotment letter that it shall be used only for residential purpose and no other purpose---Person "M" sold the plot to the defendant, but in the registered sale deed, the condition of residential purpose was deleted---Subsequently defendant planned erection of a commercial building/school on the subject plot---Plaintiffs who were residents of the Cantonment area where the subject plot was situated filed a suit for permanent injunction against the defendant to prevent construction of the school---Said suit was decreed by the High Court; held, that the Cantonment Board approved the erection of new building for commercial purposes i.e. to run a school, by ignoring the initial condition imposed by itself that the plot shall not be used for any other purpose except a residential house---Once the master plan of a Cantonment Housing Scheme was notified and it was accepted by the purchaser of the plot and the Cantonment Board accepted the offer of purchaser and allotted the plot, thereafter, the Board was left with no authority to bring changes in the master plan, unilaterally because a binding contract came into existence---Suit filed by plaintiffs against the construction of school on the subject plot was fully justified because they were the residents of the same area, and if the school building was put into operation, it would create various problems for the area, including parking, pollution, sanitation and security problems---Supreme Court observed that the Cantonment Board through its reply illegally supported the cause of the defendant, which showed that it was bent upon to violate the law for monetary gains and to generate funds through illegal means---Supreme Court directed that copy of present should be sent to the Attorney General and Secretary Defence who shall ensure that all the private educational institutions i.e. schools, colleges, etc. constructed in the Cantonments…

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