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.
Old Grant and Cantt Code Leases in outside notified civil area:
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.
Old grant buildings in notified civil area:
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.
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.
Buildings held on other leased tenures:
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:
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.
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.
- Commercial buildings – 11% of the construction cost
- Other than commercial – 6% of the construction cost