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.

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.

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.

The

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

future.

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.

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.

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.

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.

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.

Secunderabad

Cantonment Board

S.P.Road, Court compound,

Sec’bad-500003. Ph:27808600

& http://scb.aponline.gov.in

Best wishes!

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.

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 [deleted]

3 Shri. Ajay Katoch Col Q

4 Shri. M G Joseph Celestine Office Superintendent [deleted]

5 Shri. N Kanakaraju (PA to CEO) [deleted]

Accounts Department

1 Smt. Annie Chief Accountant [deleted]

2 Shri. K Venkata Ramana Rao Pension Accountant [deleted]

3 Shri. M Narsing Rao Accountant [deleted]

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 [deleted]

2 Shri. K M Devaraj Assistant Executive Engineer [deleted]

3 Shri. Mohd Iqbal Assistant Engineer [deleted]

4 Shri. M Ramulu Assistant Engineer [deleted]

5 Shri. M Gopal Krishna Das Assistant Engineer [deleted]

6 Shri. B Balakrishna Assistant Engineer [deleted]

7 Shri. Ch Uma Shanker Assistant Engineer [deleted]

8 Shri. M Phani Kumar Assistant Engineer [deleted]

9 Shri. A Krishna Sagar Assistant Engineer [deleted]

10 Shri. A Dinesh Assistant Engineer [deleted]

11 Shri. RajeshWar D DraftsMan [deleted]

Tax & Revenue Department

1 Shri. R Vasantha Rao Tax Superintendent - I [deleted]

2 Shri. Syed Akbar Ali Tax Superintendent - II [deleted]

3 Shri. D Krishna Revenue Superintendent [deleted]

Health Department

1 Shri. MD Afzal Mohiuddin Health Superintendent [deleted]

2 Shri. M Devender Sanitary Superintendent (Incharge Foremen) [deleted]

3 Shri. A Mahender Sanitary Inspector [deleted]

4 Smt. Dr. K. Manju Rani Medical Superintendent [deleted]

5 Shri. ASHUTOSH CHAUHAN Sanitary Inspector [deleted]

6 Shri. PUSHPENDRA GUPTA Sanitary Inspector [deleted]

7 Shri. BRIJESH TRIPATHI Sanitary Inspector [deleted]

Water Supply Department (Water Works Department)

1 Shri. M Raj Kumar Superintendent Water Works (SWW) [deleted]

2 Shri. R Pandu Ranga Rao Electrician [deleted]

3 Shri. Vidyun Dusa Assistant Engineer [deleted]

4 Shri. Savan Kumar Assistant Engineer [deleted]

Stores

1 Shri. Tajmul Akbar Store Keeper [deleted]

2 Shri. Mohd Kaleem Driver [deleted]

3 Shri. M Venkatesh Driver [deleted]

4 Shri. Shekar Babu Defence Estate Officer (DEO) [deleted]

Hope this would suffice your requirement.

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.

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.