9911796707
TMI Blog1971 (3) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... ts made by the Government under the General Order of the Governor-General in Council dated 12th September, 1836. Subsequently, the first Act to be passed in respect of these lands was the Cantonments Act No. 13 of 1889. This was followed by Cantonments Act No. 15 of 1910 and Cantonments Code, .1912. These were amended by Cantonments Act No. 2 of 1924 which still continues to be in force. On the 26th June, 1925, Rules were framed for the first time under section 280 of the Cantonments Act of 1924, regulating administration of Cantonment lands. These Rules were, however, superseded by fresh Rules by Government notification dated 23rd November, 1937. The new Rules are described as Cantonment Land Administration Rules, 1937 . Under these Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, purpose and, according to the appellants. no attention was paid lo this request of theirs. On 15th 'October, 1966, they sent a reminder to the Military Estates Officer, Lucknow and, in addition, requested him to supply them with a form prescribed by Schedule V of the Rules of 1937. It may be mentioned that the lease under r. 27 was required to be executed in the form in Schedule VII and not in Schedule V. On 25th October, 1966, the Military Estates Officer wrote to the appellants to collect the form from, the Cantonment Executive Officer, Kanpur Cantonment, who was the Agent of the Military Estates Officer and to submit it, after completion, to the Military Estates Officer, Lucknow, along with a site plan. The letter contained an ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The respondents appealed to a Division Bench which agreed with the learned single Judge that rules 16-26 and 28 were inapplicable to the case of the appellants. It was, however, of the view that, though, the case was covered by r. 27, that rule did not contain any mandatory provision requiring a lease to be given in all cases of old grants and that there was a discretion vested in the authorities acting under that rule not to give a lease in suitable cases. It was also held that the appellants had no right to claim such a lease under that rule. Consequently, the Division Bench set aside the direction of the single Judge and issued orders to the respondents to reconsider the request of the appellants for grant of lease under r. 27 and Sch. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt was quite fight in holding that this rule does not envisage a mandatory direction to the Military Estates Officer to grant a lease in all cases where the question of regularisation of old grants arises. Normally, the, word may is used to grant a discretion and not to indicate a mandatory direction. Had the, intention been that the Military Estates Officer must grant a lease in all cases, the word used would have been shall instead of may . It is true that the word may , in some context, has been interpreted as containing a mandatory direction and the authority given the power has to exercise that power unless there be special reasons. Such a case came before this Court in Sardar Govindrao and Others v. State of Madhya Pradesh (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a different purport. Under that sub-section, Government must, if it is satisfied that an institution or service must be continued or that there is a descendant of a former ruling chief, grant money or pension to the institution or service or to, the descendant of the former ruling chief, as the case may be. of course, it need not make a grant if the person claiming is not a descendant of a former ruling chief or there is other reasonable ground not to grant money or pension.. But, except in those cases where there are good grounds for not granting the pension, Government is bound to make a grant to those who fulfill the required condition and the word may in the third sub-section though apparently discretionary has to be read as must . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and both the Military Estates Officer as well as the Central Government or the other authority appointed by it for that purpose in exercising their power have the discretion in suitable cases not to proceed under this rule. The High Court, in directing a reconsideration of the case in accordance with law, was, therefore, quite correct, so that the application of the appellants must be decided afresh, after keeping in view the principle that the power to grant a lease under rule 27 is discretionary ; but the refusal should only be in suitable cases where sufficient reasons exist for that purpose. The appeal fails and 'is dismissed. In the circumstances of this case, we make no order as to costs. G. C. Appeal dismissed. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
