The Cantonments Act, 2006
Administered Ministry: Ministry of Defence / Department of Defence
Section
Section 241 Compensation.
(1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the Board of sanction to the erection of any building or in respect of any direction issued by it under sub-section (1) of section 238.
(2) The Board shall make compensation to the owner of any building for any actual damage or loss sustained by him inconsequence of the prohibition of the re-erection of any building or of its requiring any land belonging to him to be added to the street:
Provided that the Board shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.
(2) The Board shall make compensation to the owner of any building for any actual damage or loss sustained by him inconsequence of the prohibition of the re-erection of any building or of its requiring any land belonging to him to be added to the street:
Provided that the Board shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.
Section 242 Completion notice.
Every person to whom sanction for the erection or re-erection of any building in any area in a cantonment has been given under section 237 or section 238 by the Chief Executive Officer or, as the case may be, by the Board shall, within thirty days after completion of the erection or re-erection of the building give a notice of completion in writing to the Chief Executive Officer or the Board, as the case may be, and the Chief Executive Officer or the Board shall on receipt of such notice cause the building to be inspected in order to ensure that the building has been completed in accordance with the sanction given by the Chief Executive Officer or the Board, as the case may be.
Section 243 Lapse of sanction.
Every sanction for the erection or re-erection of a building given or deemed to have been given as herein before provided shall be available for two years from the date on which it is given, and, if the building so sanctioned is not begun by the person who has obtained the sanction or someone lawfully claiming under him within that period, it shall not thereafter be begun unless the Chief Executive Officer, on application made there for has allowed an extension of that period.
Section 244 Restrictions on use of buildings.
(1) No person shall, without the written permission of the Board or otherwise than in conformity with the conditions, if any, of such permission,---
(a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and the bye-laws made thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
1[(2) Any person who contravenes the provisions of sub-section (1) shall be liable to penalty which may extend to one lakh rupees for the first contravention, and for any second and subsequent offence, he shall on conviction be punishable with fine which may extend to two lakh rupees and in the case of continuing contravention with an additional fine of twenty thousand rupees for every day during which the contravention continues, after the date it comes to the notice.]
1. Subs. by Act 8 of 2026, s. 2 and Sch. for sub-section (2) (w.e.f. 22-05-2026).
Section 245 Period for completion of building.
A Board, when sanctioning the erection or re-erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within which the erection or re-erection is to be completed, and, if the erection or re-erection is not completed within the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period:
Provided that not more than two such extensions, each for not more than one year, shall be allowed in any case
Provided that not more than two such extensions, each for not more than one year, shall be allowed in any case
Section 246 Completion certificate.
The Chief Executive Officer shall on receipt of the notice under section 242 of this Act cause the building to be inspected either by himself or by the officer authorised by him in his behalf in order to ensure that the building has been completed in accordance with the sanction given and issue completion certificate provided that the person seeking the completion certificate shall assist the Chief Executive Officer in inspection of such building:
Provided that the building shall not be occupied for habitation unless a certificate is issued by the Chief Executive Officer or an officer authorised by him in this behalf:
Provided further that if the Chief Executive Officer fails within a period of thirty days after the receipt of the notice of completion, to communicate his refusal to issue such certificate, such certificate shall be deemed to have been granted.
Provided that the building shall not be occupied for habitation unless a certificate is issued by the Chief Executive Officer or an officer authorised by him in this behalf:
Provided further that if the Chief Executive Officer fails within a period of thirty days after the receipt of the notice of completion, to communicate his refusal to issue such certificate, such certificate shall be deemed to have been granted.
Section 247 Illegal erection and re-erection.
Whoever begins, continues or completes the erection or re-erection of a building---
(a) without having given a valid notice as required by sections 235 and 236, or before the building has been sanctioned or is deemed to have been sanctioned; or
(b) without complying with any direction made under sub-section (1) of section 238; or
(c) when sanction has been refused, or has ceased to be available or has been suspended by the General Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 58,
shall be 1[liable to penalty which may extend to fifty thousand rupees for the first contravention, and for any second and subsequent offence, he shall on conviction be punishable with fine which may extend to one lakh rupees and the cost of sealing the illegal constructions and its demolition].
1. Subs. by Act 8 of 2026, s. 2 and Sch. for certain words (w.e.f. 22-05-2026).
Section 248 Power to stop erection or re-erection or to demolish.
(1) A Board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the Board considers that such erection or re-erection is an offence under section 247 and may, in any such case or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 247, within twelve months of the completion of such erection or re-erection in like manner, direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re-erected:
Provided that the Board may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:
Provided further that the Board shall not, without the previous concurrence of the General Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.
(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 238 sanctioning the erection or re-erection has been suspended by the General Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 58, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the General Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him:
Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the General Officer Commanding-in-Chief, the Command, has been communicated to him.
Provided that the Board may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:
Provided further that the Board shall not, without the previous concurrence of the General Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.
(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 238 sanctioning the erection or re-erection has been suspended by the General Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 58, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the General Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him:
Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the General Officer Commanding-in-Chief, the Command, has been communicated to him.
Section 249 Power to seal unauthorised constructions.
(1) It shall be lawful for the Chief Executive Officer, at any time, before or after making an order of demolition under section 248 or of the stoppage of erection of any building, or execution of any work, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed at the cost of the offender in such manner as may be prescribed by rules for the purpose of carrying out the provisions of this Act or for preventing any dispute as to the nature and extent of such erection or work.
(2) Where any erection or work or any premises in which any erection or work is being carried on, has or, has been sealed, the Chief Executive Officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
(3) No person shall remove such seal except--
(a) under an order made by the Chief Executive Officer under sub-section (2); or
(b) under an order of an appellate authority in an appeal made under this Act.
(4) Any person who contravenes the provisions contained in sub-section (3) shall be punishable with imprisonment which may extend to six months or with fine which may extend to twenty thousand rupees, or with both.
(2) Where any erection or work or any premises in which any erection or work is being carried on, has or, has been sealed, the Chief Executive Officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
(3) No person shall remove such seal except--
(a) under an order made by the Chief Executive Officer under sub-section (2); or
(b) under an order of an appellate authority in an appeal made under this Act.
(4) Any person who contravenes the provisions contained in sub-section (3) shall be punishable with imprisonment which may extend to six months or with fine which may extend to twenty thousand rupees, or with both.
Section 250 Courts not to entertain proceedings in certain cases.
(1) After the commencement of this Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice unless an appeal under section 340 is preferred and the same is disposed of by the appellate authority under sub-section (3) of section 343 of this Act.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceedings pending in any court immediately before the commencement of this Act shall continue to be dealt with and disposed of by that court as if the said section has not been brought into force.
(2) Notwithstanding anything contained in sub-section (1), every suit, application or other proceedings pending in any court immediately before the commencement of this Act shall continue to be dealt with and disposed of by that court as if the said section has not been brought into force.
Section 251 Power to make bye-laws.
A Board may make bye-laws prescribing--
(a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice;
(b) the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice;
(c) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected in the cantonment or any part thereof;
(d) the minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected;
(e) the fees payable on provision by the Board of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof;
(f) the circumstances in which mosque, temple or church or other sacred building may be erected or re-erected; and
(g) with reference to the erection or re-erection of buildings, or of any class of buildings, or any of the following matters, namely:--
(i) the line of frontage where the building abuts on a street;
(ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of fire;
(iii) the materials and method of construction to be used for external and party walls, roofs and floors;
(iv) the position, the materials and the method of construction of stair-cases, fire places, chimneys, drains, latrines, privies, urinals and cess-pools;
(v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;
(vi) the level and width of the foundation, the level of the lowest floor, the stability of the structure and the protection of building from dampness arising from sub-soil;
(vii) the number and height of the storeys of which the building may consist;
(viii) the means to be provided for egress from the building in case of fire;
(ix) the safeguarding of wells from pollution; or
(x) the materials and method of construction to be used for godowns intended for the storage of food grains in excess of eighteen quintals in order to render them rat proof.
(a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice;
(b) the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or, as the case may be, the Chief Executive Officer and the information and plans to be furnished with the notice;
(c) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected in the cantonment or any part thereof;
(d) the minimum cubic capacity of any room or rooms in a building which is to be erected or re-erected;
(e) the fees payable on provision by the Board of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof;
(f) the circumstances in which mosque, temple or church or other sacred building may be erected or re-erected; and
(g) with reference to the erection or re-erection of buildings, or of any class of buildings, or any of the following matters, namely:--
(i) the line of frontage where the building abuts on a street;
(ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of fire;
(iii) the materials and method of construction to be used for external and party walls, roofs and floors;
(iv) the position, the materials and the method of construction of stair-cases, fire places, chimneys, drains, latrines, privies, urinals and cess-pools;
(v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;
(vi) the level and width of the foundation, the level of the lowest floor, the stability of the structure and the protection of building from dampness arising from sub-soil;
(vii) the number and height of the storeys of which the building may consist;
(viii) the means to be provided for egress from the building in case of fire;
(ix) the safeguarding of wells from pollution; or
(x) the materials and method of construction to be used for godowns intended for the storage of food grains in excess of eighteen quintals in order to render them rat proof.
Section 252 Prohibition of structures or fixtures which cause obstruction in streets.
(1) No person shall, except with the permission of the Chief Executive Officer, erect or set up any wall, fence, nail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) The Chief Executive Officer may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid:
Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the Chief Executive Officer shall make compensation for any damage caused by the removal or alteration.
(3) The Chief Executive Officer may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.
(2) The Chief Executive Officer may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid:
Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the Chief Executive Officer shall make compensation for any damage caused by the removal or alteration.
(3) The Chief Executive Officer may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.
Section 253 Unauthorised buildings over drains, etc.
The Chief Executive Officer may, by notice in writing require any person who has, without his permission in writing, newly erected or re-erected any structure over any public sewer, drain, culvert, water-course or water-pipe in the cantonment to pull down or otherwise deal with the same as he thinks fit.
Section 254 Drainage and sewer connections.
(1) The Chief Executive Officer may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as he thinks fit, to put up and keep in good condition, proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such buildings or land and a drain or sewer or a water harvesting structure or facility.
(2) For the purpose of efficiently draining any building or land in the cantonment, the Chief Executive Officer may, by notice in writing, require the owner or lessee of the building or land--
(a) to pave, with such materials and in such manner as he thinks fit, any courtyard, alley or passage between two or more buildings; or
(b) to keep any such paving in proper repair; or
(c) to make such arrangements as may be specified by the Board under bye-laws to deliver rain water from roof top to the water harvesting facility created or arranged by the Board.
(2) For the purpose of efficiently draining any building or land in the cantonment, the Chief Executive Officer may, by notice in writing, require the owner or lessee of the building or land--
(a) to pave, with such materials and in such manner as he thinks fit, any courtyard, alley or passage between two or more buildings; or
(b) to keep any such paving in proper repair; or
(c) to make such arrangements as may be specified by the Board under bye-laws to deliver rain water from roof top to the water harvesting facility created or arranged by the Board.
Section 255 Power to attach brackets for lamps and other accessories.
The Chief Executive Officer may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps or any accessories for non-conventional sources of energy in such manner as not to occasion injury thereto or inconvenience.
Section 256 Maintenance of Roads.
(1) All roads in the civil area of a cantonment shall be maintained by the Board.
(2) All roads outside the civil area as have been vested in the Board shall also be maintained by the Board.
(2) All roads outside the civil area as have been vested in the Board shall also be maintained by the Board.
Section 257 Temporary occupation of street, land, etc.
(1) The Chief Executive Officer may, by order in writing, permit the temporary occupation of any street, or of any land vested in the Board, for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions as the Board may prescribe for the safety or convenience of the public, and may charge a fee for such permission and may in his discretion withdraw such permission.
(2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Chief Executive Officer or, as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the Board under section 324 and may also, if such person fails to offer satisfactory explanation, order the confiscation of such article or thing.
(2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Chief Executive Officer or, as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the Board under section 324 and may also, if such person fails to offer satisfactory explanation, order the confiscation of such article or thing.
Section 258 Closing and opening of streets.
(1) A Board may open any street for public use.
(2) A Board shall not permanently close any street without the prior permission of the General Officer Commanding in Chief, or the Principal Director:
Provided that no such street shall be closed for reasons other than the security reasons and without giving a public notice inviting objections and suggestions from the general public.
(3) The Chief Executive Officer may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, water-supply or lighting or any other work which he is by or under this Act required or permitted to carry out:
Provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water-works, drain, culvert or premise vested in the Board, is such as to be likely to cause danger to the public, the Board shall--
(a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto;
(b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise.
(2) A Board shall not permanently close any street without the prior permission of the General Officer Commanding in Chief, or the Principal Director:
Provided that no such street shall be closed for reasons other than the security reasons and without giving a public notice inviting objections and suggestions from the general public.
(3) The Chief Executive Officer may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, water-supply or lighting or any other work which he is by or under this Act required or permitted to carry out:
Provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water-works, drain, culvert or premise vested in the Board, is such as to be likely to cause danger to the public, the Board shall--
(a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto;
(b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise.
Section 259 Names of streets and numbers of buildings.
(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be known and may cause name or number to be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be affixed to any such building.
(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the Board shall be 1[liable to penalty] which may extend to one thousand rupees.
(3) When a name or number has been affixed to any building under sub-section (1), the owner of the building shall maintain the name or number in order, and shall replace it if removed or defaced, and if he fails to do so the Chief Executive Officer may by notice in writing require him to replace it.
1. Subs. by Act 8 of 2026, s. 2 and Sch. for “punishable with fine” (w.e.f. 22-05-2026).
Section 260 Group Housing Schemes.
A Board, may in accordance with the bye-laws framed for the purpose, allow the Group Housing Schemes for construction of houses.