Cantonment Leasehold Construction Rights: Balancing Administrative Apprehensions with Subsisting Statutory Property Rights

Highlights of the Judgment:
- Examination of leasehold rights and building permissions under Schedule VIII of the Cantonment Land Administration Rules, 1937.
- Analysis of the scope of administrative discretion and executive apprehensions in denying statutory building permissions under Section 238 of the Cantonments Act, 2006.
- Application of the doctrine of judicial review under Article 226 regarding executive decisions affecting subsisting property rights.
- Evaluation of the principle of equality under Article 14 concerning differential treatment of similarly situated lessees within the same cantonment layout.
- Legal effect of binding affidavit undertakings given by lessees regarding non-creation of third-party rights and waiver of equity claims upon lease expiry.