• Sale of land

I came to know that land sale in cantonment area cannot be sold,is it true.(Secunderabad ,telangana, area).kindly  or what is the other procedure I it is true.kindly reply,
Thanking you 
Asked 3 years ago in Civil Law from Australia
1) Grant of land in cantonment areas was, at all material times, governed by the general order of the Governor General in Council bearing No.179 of the year 1836, known as the Bengal Regulations of 1836. Under Regulation 6 of these Regulations, conditions of occupancy of	lands	in cantonments are	laid down. Thereunder, no ground	will be granted except on	the conditions set out therein which are to be subscribed to by every grantee as well as by those to whom his grant may be subsequently transferred. The first condition relates to resumption of land. (1) The Government retains the power of resumption at any time on giving one month's	notice	and paying	the value of	such buildings	as may have	been authorised to	be erected. (2) The ground being in every case the property of the Government, cannot be sold by	the grantee. But houses or other property thereon situated may be transferred by one Military or Medical Officer to another without	restriction except in certain cases.	(3) If	the ground	has been built upon, the buildings are not to be disposed of to any person of whatever description who	does not belong to	the army until the consent of	the officer commanding the Station shall have been previously obtained under his hand.
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

Cantonment Laws by J.P. Mittal, 2nd Edition at page 3, which may well be reproduced here:-

"Besides	municipal administration, another subject that has always loomed large on the Cantonment horizon, is the question of provision of necessary accommodation	for military officers near the place of their duty.	This led to the issue, from time to time, of certain rules, regulations, and orders by the Government of Bengal, Madras and Bombay presidencies between the years of 1789 and	1899.	The regulations were mostly of an identical nature. They had a two-fold object in view, that of	ensuring sufficient accommodation for military officers; and that of regulation of the grant of land sites. Some of these regulations	are published in this Book.	These rules, regulations and orders continue to be the law in force in India even after	the enforcement of the British statutes (Application to India) Repeal Act, 1960, (AIR 1973 Delhi 169, AIR 1979 ALL 170).

Under these regulations	and orders, officers	not provided with Govt. quarters were allowed to erect houses in the cantonment. For this purpose ground was allotted to them with the condition that no right of propriety whatever in the ground was conferred on them and the ground continued to be	the property of the State was resumable at	the pleasure of the Govt. by giving one month's	notice	and paying	the value of	the structures	as may have	been authorised to	be erected. The houses or other property built on such grounds were allowed to be transferred by one military officer to another	without restrictions.	To civilians these could be transferred only with the prior permission of the officer commanding the station.

With the lapse of time civilians were also encouraged to build bungalows on the Govt. land in the cantonment on the same condition of resumption of the ground as given above and with a further condition that they may be required to rent or sell the same to any military officer. In	case of disagreement about the rent or the sale price the	same was to	be fixed by a committee of arbitration. These tenures	under	which permission was given to occupy govt. land in the cantonments for construction of bungalows	came to be	known as 'old grant'.	Such permission was given mostly on payment of no rent. This is how a large number of bungalows in the cantonments all over India came in	the hands of civilians."

Under Section 280 of the Cantonments Act, 1924, power was given to the Governor General in Council to make rules for the purpose of carrying	out the objects of	the Cantonments Act, 1924. In particular, these	rules could provide	for: (a) The manner in which and the authority to which application for permission to occupy land belonging to the Government	in a cantonment is to be made; (b)	The authority by which such permission may be granted and	the conditions to	be annexed to the	grant of any	such permission. In the exercise of this power, the Cantonment Land Administration Rules, 1925 have been framed. These Rules as amended upto 21.12.1935 are produced	before	us. Under Rule 3 of these Cantonment Land Administration Rules the Military Estates Officer of the cantonment shall prepare and maintain a general land register of all land in the cantonment in	the form prescribed in Schedule I and no addition or alteration thereto shall be made except as provided therein. Under Rule 4 of the Rules in force in 1936, the Military Estate Officer was required to maintain a Register of Mutation in which every transfer of right or interest in land in the cantonment which necessitated an alteration of	the entries in any of the columns of	the general land register, was entered. Under Rule 5 as then in force,	every fifth year the general land register shall be rewritten so as to include all changes in the rights or interest in land and a fresh register of mutation shall be opened simultaneously.	Under Rule 6, for the purpose of the general	land register, land in the cantonment	is divided into class A land, class B land and class C land. Rules 7 and 8 deal with these different categories of land.

Under the Cantonment Land Administration Rules,	1925 general	land registers are being maintained in respect of Sagar Cantonment. These registers were produced before the High Court and were also produced before us. These are old registers maintained in the form prescribed by the	said Rules.	In these registers the property in question is shown as being held by S.N. Mukherjee on old grant	basis.	As explained by Mittal in the passage cited above, the tenures under which permission was given to civilians to occupy Government land in the cantonments for construction of bungalows on the condition of a right of resumption of	the ground,	if required, came to be know as old grant tenures. Such tenures were given in accordance with the terms of the order No.179 issued by the Governor General in Council in the year 1836. These require that the ownership of	land shall remain with the Government and the land cannot be sold by the grantee. Only the house or other property thereon may be transferred. Such transfers would require consent of the officer commanding the station when the transfer is to a person	not belonging to the army. In respect of old grant tenure,	therefore, the Government retains the right of resumption of land.
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

Large parts of Secunderabad city and some parts of the Hyderabad city come under the jurisdiction of the Secunderabad Cantonment Board (SCB) due to the large military presence, existing right from the days of the British. The infrastructure management and civic administration in the cantonment are handled by the SCB, which comes under the purview of the union Defence Ministry of the Government of India.Before Indian Independence and Police action in 1948, this was under the control of the British. Hence the legacy continues to this day, for not being part of the Hyderabad civic authority.
 cantonments as local self-government organizations have always remained a puzzle.
 The civilian population wants to be in it but is uncertain about their status and their
Due to repeated demand for reforms by the representatives of cantonment
 population, the Cantonments Act, 1924 was enacted to introduce local self-government
 in the cantonments, which contained substantial civil population. The Act was the first
 model municipal Act for cantonments, but in its implementation, decentralization and
 democratic norms were largely compromised because of the status of the citizen who
 occupied the property only as a licensee of the Government. 
However,there is no such bar that a property cannot be bought or sold in the cantonment area, but the formalities in this regard which are available in the board's website  if  observed properly, the matter becomes very easy.
T Kalaiselvan
Advocate, Vellore
34341 Answers
368 Consultations

5.0 on 5.0

A.  The representative of the Ministry further explained as under:—"We have two registers. One is called Military Land Registers. That is for outside cantonments and within cantonment, we have a register which is called General Land Registers. The same thing happens for records of rights for all Defence lands. So. whatever is there in records of rights and who is occupying that land has been entered in Raksha Bhoomi CD. The exchange of land right has been done from the very beginning."

B. ‘‘It is not that this is the first formulation relating to the issue of 'No Objection Certificates'. Prior to this also, No Objection Certificates were governed by certain legal enactments like the Cantonment Act. Then, there is the Aircraft Act, Ministry of Civil Aviation 1934 notification, and there is a Defence Act. But some areas were not covered by these legal formulations.  certain areas were not covered. It depends upon the legal formulations. These legal enactments were based on certain requirements like the Defence Act is based on certain objectives.

C. In my opinion, file an application before the Cantonment Board and get the information or NOC from them to dispose your land in your area. And contact local advocate to obtain legal assistance. 
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

1. The cantonment land belongs to defence. It cannot be acquired except with the permission of the Ministry of Defence.

2. I do not know about the specific rules, if any, prevailing in Secunderabad cantonment, but they are not likely to be different.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

There  is no bar for selling the property at cantonment area.But in the case of construction of the building , unless and until the plot forms part of layout as sanctioned by municipal body, no permission can be granted to construct house.

Sction 179 of the Cantonments Act, 1924 (for short, the Act) requires every person who intended to erect or re-erect any building in a cantonment to apply for sanction by giving notice in writing of his intention to construct the building. 
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

1. Yes, land in cantonmwent area belongs to the Army Cantonment Board which can not be sold by civilian,

2. If the Cantonment Board releases the area or a part of it to the State Givt and in tun the State Government allot the said land in the form of plots through Pattas  to individuals as per rehabilitation or any such schme then those inviduals can sell thweir indivuidual plots to others after 10 years of allotment provided the Patta or schme does not stipulate against such sale after 10 years. 
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

Cantonment Board
S.P.Road, Court compound,
Sec’bad-500003. Ph:27808600
& http://scb.aponline.gov.in
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

Best wishes!
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

1. You shall have to contact the Cantonment Board's concerned department which deals with property matters,

2. I am not very sure that you will get responses from that department,

3. it will be prudent on your part to engage a local lawyer to personally visit the Board and verify the present status.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

You may go to this website  http://scb.aponline.gov.in/SCBPortal/administrative/contact-numbers.html
wherein  you will find the  below furnished  information and also other details:
Officers Contact numbers
Officials Contact Numbers of Secunderabad Cantonment Board
S. No	Name of the Official	Designation	Contact No.
Administrative Department
1	Brig. A S Negi	President Cantonment Board	
2	Smt. Sujatha Gupta	Chief Executive Officer	9491064554
3	Shri. Ajay Katoch	Col Q	
4	Shri. M G Joseph Celestine	Office Superintendent	9490611195
5	Shri. N Kanakaraju	(PA to CEO)	8333997718
Accounts Department
1	Smt. Annie	Chief Accountant	9490611185
2	Shri. K Venkata Ramana Rao	Pension Accountant	9490611173
3	Shri. M Narsing Rao	Accountant	9490611189
Computer Section (IT Department)
1	Smt. V Y Deepti	Computer Programmer	27808608
2	Shri. B Karthikeyan	Computer Programmer	27808608
Public Works Department (Engineering Dept)
1	Shri. K V Ramana Rao	Assistant Executive Engineer	9490611176
2	Shri. K M Devaraj	Assistant Executive Engineer	9490611177
3	Shri. Mohd Iqbal	Assistant Engineer	9490611178
4	Shri. M Ramulu	Assistant Engineer	9490611179
5	Shri. M Gopal Krishna Das	Assistant Engineer	9490611180
6	Shri. B Balakrishna	Assistant Engineer	9490611181
7	Shri. Ch Uma Shanker	Assistant Engineer	9490611182
8	Shri. M Phani Kumar	Assistant Engineer	9490611183
9	Shri. A Krishna Sagar	Assistant Engineer	9490611174
10	Shri. A Dinesh	Assistant Engineer	9490611172
11	Shri. RajeshWar D	DraftsMan	9490611188
Tax & Revenue Department
1	Shri. R Vasantha Rao	Tax Superintendent - I	9849531698
2	Shri. Syed Akbar Ali	Tax Superintendent - II	9490611193
3	Shri. D Krishna	Revenue Superintendent	8333997719
Health Department
1	Shri. MD Afzal Mohiuddin	Health Superintendent	9490611184
2	Shri. M Devender	Sanitary Superintendent (Incharge Foremen)	9490611186
3	Shri. A Mahender	Sanitary Inspector	9490611187
4	Smt. Dr. K. Manju Rani	Medical Superintendent	9490611196
5	Shri. ASHUTOSH CHAUHAN	Sanitary Inspector	8333997715
6	Shri. PUSHPENDRA GUPTA	Sanitary Inspector	8333997716
7	Shri. BRIJESH TRIPATHI	Sanitary Inspector	8333997717
Water Supply Department (Water Works Department)
1	Shri. M Raj Kumar	Superintendent Water Works (SWW)	9490611194
2	Shri. R Pandu Ranga Rao	Electrician	9490611191
3	Shri. Vidyun Dusa	Assistant Engineer	9490611175
4	Shri. Savan Kumar	Assistant Engineer	9490611192
1	Shri. Tajmul Akbar	Store Keeper	9490611190
2	Shri. Mohd Kaleem	Driver	9490611197
3	Shri. M Venkatesh	Driver	9490611198
4	Shri. Shekar Babu	Defence Estate Officer (DEO)	9490611199
Hope this would suffice your requirement. 
T Kalaiselvan
Advocate, Vellore
34341 Answers
368 Consultations

5.0 on 5.0

The cantonment land cannot be sold since it comes under the possession of the defence ministry. hence you need specific permission for selling such a land. The Cantonment Act details the procedure whereby you will become aware as to what are your rights as a owner on the particular land which falls under the cantonment area.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
843 Answers
63 Consultations

5.0 on 5.0

1. You should contact cantonment board. This board has right to manage property of cantonment area.  

2. According to cantonment act, board has right to sell immovable property by sale or auction if it is already permitted by the government. 

3. Although civilian are not illegible but board has right to sell some land to civilian in order to perform his social responsibility scheme. 
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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