SUNIL KUMAR KORI & ANR. versus GOPAL DAS KABRA & ORS. ETC.

Citation: [2016] 5 S.C.R. 374 · Decided: 27-09-2016 · Supreme Court of India · Bench: ANIL R. DAVE · Disposal: Dismissed

Judgment (excerpt)

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[2016] S S.C.R. 374 
SUNIL KUMAR KORI & ANR. 
v. 
GOPAL DAS KABRA & ORS. ETC. 
(Civil Appeal Nos.9728-9729 of2016) 
SEPTEMBER 27, 2016 
[ANIL R. DAVE AND L. NAGESWARA RAO, JJ.J 
Cantonment Act, 2006 - ss.27, 28, 2(zt), (zc), 234, 247, 248 -
Cantonment Electoral Rules, 2007 - r.10(3) - Right to vote of 
persons living in illegally constructed buildings in a Cantonment 
area - Held: Persons living in illegally constructed houses are 
disentitled from being included in the voters list - Encroachers are 
not entitled for allotment of house numbers to illegal structures and 
such structures will be marked as unauthorized. 
Judicial notice - Encroachment and illegal constructions on 
defence land - Held: Avowed legislative policy and the provision~ 
of the Act relating to encroachments should be strictly implemented -
Prompt action has to be taken by the concerned authorities for 
removal of the illegally constructed buildings in the Cantonment 
area - Cantonment Boards should be vigilant and ensure that no 
further encroachments are made on defence land. 
Dismissing the appeals, the Court 
HELD: 1.1 A perusal of the definition of 'resident' would 
show that it covers only a person who maintains a house or a 
portion of the house which is at all times available for occupation 
by himself or for his family, even if he is residing elsewhere. As 
per Section 2 (d) of the Cantonment Act, 2006, a building means 
a house. Section 234 of the Act provides that no person shall 
erect a building on any land in a Cantonment without the previous 
sanction of the Board. According to Section 247 illegal erection 
of a building is an offence, punishable with a fine which may extend 
to fifty thousand rupees. A building erected illegally is liable to 
be demolished as per a direction that inay be issued under Section 
248'; As per the definition of the word 'resident' a house which is 
to be maintained by a person at all times for his or his family's 
occupation is a building constructed after previous sanction !)f 
the Board. Only a person who resides in such a building is entitled 
374 
SUNIL KUMAR KORI & ANR. v. GOPAL DAS KABRA & 
375 
ORS. ETC. 
for registration as a voter. (Para 12) [[386-A-D) 
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1.2 The word resident should receive a narrow construction 
in comparison to its synonym 'inhabitant'. A person should be a 
resident of a legally constructed house for being entitled to be 
enrolled as an elector. The word 'inhabitant' as defined in Section 
2 (zc) is very wide, covering persons who ordinarily reside or 
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carry on business or occupy immovable property. Whereas the 
word 'resident' means a person who maintains a house at all times 
which is available for occupation. The house that he maintains 
has to be one which was constructed after obtaining a sanction in 
accordance with the provisions of the Act. There is no restriction · C 
in the width of the word 'inltabitant' and even persons staying in 
houses which are illegally constructed will fall within its purview . 
. The fact that the word 'resided' and not 'inhabited' is employed 
in Section 28 for the purpose of eligibility of persons to become 
voters makes it clear that persons who were ordinarily residing 
and carrying on business for temporary periods in illegally 
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constructed houses are not eligible to vote. All persons living in 
the Cantonment area are covered by the expression 'inhabitant' 
and their rights are dealt in the Act. [Paras 13, 14] (386-G; 387-
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1.3 It is well settled principle of interpretation that different 
words will have different meanings, depending upon the context. 
Though the words 'resident' and 'inhabitant' are understood to 
be synonyms, for the purpose of the Act they carry different 
meanings. A person who ordinarily resides in a constituency is 
entitled to be registered as a voter in accordance with Section 19 
of the Representation of the People Act, 1950. The phrase 
'ordinarily resident' is defined in Section 20 of the Act of 1950.The 
scope of word 'resident' as defined in the Cantonment Act, 2006 
is completely different from that of 'ordinarily resident' as defined 
in the Act of 1950. The restrictive definition of a 'resident' in the 
Act is peculiar to the Cantonments whereas the definition of 
'ordinarily resident' is very wide. Even if a person is residing in 
an unauthorised structure he would be entitled to be included in 
the electoral rolls under the Representation of the People Act. 
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