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Any construction which attracts section 179(2) of
the Cantonment Act and has been carried out by anybody without prior
permission from the CEO / Board is unauthorised. If the same is not
regularised then the Board is at the liberty to demolish it after
following the procedure prescribed by the Cantonment Act. As per the
provisions of the Cantonment Act different authorities have been
empowered to regularise the unauthorised construction after
collecting a composition fee from the HOR. |
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Old Grant and Cantt Code Leases in
outside notified civil area |
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Old grant buildings in
notified civil area |
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Unauthorised construction
within the limit of additional floor space of 10% and
conforming to rules, byelaws can be regularised by the
GOC-in-C on the recommendation of the Board and signing and
registering of indenture deed by the HOR. |
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Unauthorised construction within the
authorised floor space can be regularised if conforming to
byelaws by the Board with the prior sanction of Director,
Defence Estates, Central Command after execution of the
indenture deed by the HOR. |
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Freehold sites |
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Buildings held on other leased
tenures |
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Unauthorised construction
in buildings situated on freehold sites, if conforming to the
byelaws can be regularised by the Board after compliance of
relevant laws, orders etc. inforce. |
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Unauthorised construction in respect of
tenures other than those mentioned above shall be regulated as
per the provisions of the respective lease
deeds. | |
| Construction which cannot be
regularised |
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Unauthorised construction which does not
conform to the building byelaws of the Cantt can not be
regularised under any circumstances irrespective of the
provision of the Cantt Act and New Land
Policy. | |
| Composition fee |
The fee to be paid by the HOR to the
government for regularising the unauthorised construction is
called composition fee. As on date the Board has decided to
levy the fee as given below for different type of unauthorised
construction depending upon its purpose.
| i) Commercial buildings - 11% of the construction
cost |
| ii) Other than commercial - 6% of the construction
cost
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