Procedure for taking action for removal of unauthorized construction
The cantonment Board staff viz. sanitary and engineering have a day to day check and keep strict vigilance on any unauthorized construction on a private land. On information of any such issues, squad is deployed to pick the materials and deputed to keep a watch on the construction. If the construction is continued, a show cause notice or a notice u/s 239 of the Cantonment Act 2006 and thereafter notices u/s 248 and 320 of Cantonment Act, 2006 as issued. In case of constructions on government land is done, immediate halting of the construction and issue of notice under PPE Act of 1971 is done.Regularization of Unauthorized Construction
Any construction which attracts section 234 of the Cantonment Act and has been carried out by anybody without prior permission from the CEO / Board is unauthorized. If the same is not regularized 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 regularize the unauthorized construction after collecting a composition fee from the HOR.
Unauthorized construction which does not conform to the building bylaws of the cantt. cannot be regularized under any circumstances irrespective of the provision of the Cantt. Act and New Land Policy.Composition fee:
The fee to be paid by the HOR to the government for regularizing the unauthorized construction is called composition fee. This fee is decided by GOC-IN-C.