The site plan to be accompanied alongwith the notice and building plan must contain the following--
The situation of the proposed building, relative to the streets or lanes adjoining it and to the adjoining houses or other properties together with the number of the houses
The breadth (width) of all adjoining streets or lanes. In case the breadth is not uniform, the narrowest width should also be shown. Guttters and down spounts.
The position of and full details regarding all wells, drains, latriens and other sanitary convenience.
The internal diameter and the distance from the nearest privy in case sanction is required in respect of a well.
The outer covering of all roofs must be made of tiles, iron sheets or other non-inflamable materials.
No sheds or lean to roofs are permissible to abut on any street beyond the street drain. In case there is no drain the over hanging shall not be more than 1'6".
The height of each wall measured from floor to the corner where ceiling roof meets the wall shall not be less than what is given below - Flat roof building Tile roof building First storey 10 feet Eves from G.L. 9 ft Subsequent storeys 10 feet
The number of storeys shall not in any case exceed three.
Every room intended for human habitation must have the following:
A clear superficial area of not less than 80 sft. excluding the staircase (if any) and minimum width of 8 feet.
Ventilators of a total area of not less than 2% of the floor area opening directly into the external air or into a open verandah.
Doors and windows of total area not less than 15% of the floor area.
All new work should be indicated in the plan by a distinctive colour and a key to the colours used should be given on the plans.:
Every room intended for human habitation must have the following:
In any street the width of which is less than 50 feet, the extension of the buildings beyond the general line of existing house fronts whether there are platforms or not are not permitted and in other streets shall be permitted sparingly and only when the Cantt Board is satisfied that it will not interfere with the use of the street or free circulation of air.
Section 179 of the Cantonment Act 1924 requires that any person who intends to erect or re-erect any building in the Cantonment shall apply for permission to following authorities before starting the construction -
a) The Board - where the building in question is situated in an area other than civil area.
b) The Chief Executive Officer - where the building in question is situated in civil area.
For the purpose of the Cantonment Act 1924 what constitutes erection / re-erection of the building, please refer section 179 (2) and section 2 (iv) of this Act.
Every sanction for the erection or re-erection of the building given or deemed to have been given by the Board shall be valid for one year from the date on which it is given and if construction as per this sanction is not started within this period then a fresh application seeking extension is required to be submitted to the Board, failing which the sanction shall lapse automatically.
a) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates.
b) No notice shall be valid untill the information required vide para (a) above and any other information / plans which may be required under the byelaws of the Cantonment have been furnished to the satisfaction of the Board of the Executive Officer as the case may be alongwith the notice.
Every person to whom sanction for erection or re-erection of any building in any area in a Cantonment has been given, shall, within 30 days after completion of erection / re-erection of the building shall give a notice of completion in writing to the Board or the Executive Officer, who on receipt of such notice shall cause the building to be inspected to ensure that the building has been completed in accordance with the sanction.
The construction in the buildings / sites situated in the Cantonment can only be carried out as per the provisions of the Cantonment Act 1924 and New Land Policy as enunciated vide Ministry of Defence letter No.11013/1/87/D (Lands)/Vol.II dated 09.02.1995 for various land tenures. Different rules of construction are applicable to different land tenures. The permission to construct a building depends upon the type of construction and area of construction and varies with the type of land tenure.
Construction which can be carried out by the HORs of the building without taking permission from the Cantonment Board
- Any construction which is not covered by the definition of building as given in section 2(iv) of the Cantonment Act. and
- Any construction which is not covered by the definition of erection / re-erection of a building as given in section 179 (2) of the Cantonment Act.
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Permissible Construction for different land tenures
Construction which cannot be carried by the HOR without permission of the Executive Officer/Board
Only a recorded holder of occupancy rights (HOR) can apply for permission to carryout construction in any type of land tenure. For this the name of the applicant must be recorded in the GLR of the Cantonment Board or DEO, Agra.
General Application Form
Building Application Form required under section 179
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.
a) AUnauthorised 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.
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.
Unauthorised construction in respect of tenures other than those mentioned above shall be regulated as per the provisions of the respective lease deeds.
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.
i) Commercial buildings - 11% of the construction cost
ii) Other than commercial - 6% of the construction cost