Charter of Duties of Assistant Engineer
- Scrutiny of Building Plans & all other works related to Sanctioning of Building Plans and permission etc.
- Issue of Layouts.
- Supervision and control over all types of maintenance works of Cantonment Fund Roads, Buildings and drains etc.
- To perform the duties as Central Public Information Officer for the purpose of The Right to Information Act, 2005.
During the visit of the officials of the Board the encroachment on Cantonment land (Class C & B-4) /Defence land (excepting Class C & B-4 land), if noticed, the notice under PPE Act is issued to the person(s) concerned in respect of encroachment on Cantonment land and in respect of encroachment on DEO land, the same is informed to the DEO, Lucknow. The parties concerned are asked to remove the encroachment or else the same is removed by the Cantonment Board/DEO at the risk and cost of the persons concerned.
If any person makes construct of a building without prior permission of the Board, the construction is treated unauthorised. During the visit of the officials of the Board if the unauthorised construction is noticed, show cause notice is issued to the party for removal of the same. The matter is referred to the Board for consideration, and thereafter notices under Section 248/320 of the Cantonments Act 2006 are issued to the party. The party to submit the composition building plan for regularisation of the unauthorised construction by the Cantonment Board and if the same is found within bye laws and FSI, the same is compounded with the approval of the GOC-in-Chief, Central Command, Lucknow by charging necessary composition fee as decided by the Board. However, if the construction is not within FSI / or as per building bye laws, the same is required to be removed at the risk and cost of the owner.
General Land Register
General Land Register (GLR) is the authenticated record of the Govt of India in respect of lands and tenures situated in the Cantonment. It is held by the Cantonment Board in respect of land situated in civil area and by Defence Estate Officer, Lucknow in respect of lands situated in non civil areas of the Cantt.
It is a public document and can be inspected by anybody by paying a nominal fee to Board or DEO as the case may be. The GLR may be compared with the 'Khatauni' of State Govt. No other authority or department is competent to maintain this record. Corresponding to GLR there also exists a plan called GLR plan indicating the site maps of various survey numbers of the land situated in the Cantonment. The recorded entries in the GLR include –
Sy.No., area, description/purpose of property, classification of land, tenure of land and the name of the HOR. The GLR is a legal document and entries mentioned in it are admissible in court of laws.
How to obtain CTC of GLR record
Any person desiring to obtain a copy of any record mentioned in the GLR can apply on a general application form available at the website or in the office stating the purpose for which it is required. The applicant shall have to pay a fee to obtain this record, called GLR extract.
Any person desiring to obtain a copy of any record mentioned in the GLR can also apply for supplying a plan (Map) of the record in question indicating the survey number and its boundaries. The applicant shall have to pay a fee to obtain this record, called GLR plan.
utation is a process by which the title to hold the occupancy rights in respect of any property / land situated in the Cantonment is transferred in the General Land Register.
The competent authority to mutate the record of general land register in respect of notified civil area is cantonment board and in respect of rest of the area of the Cantonment is DEO, Lucknow.
The records mentioned in the GLR are the authentic legal documents admissible in a court of law to prove the title of occupancy rights in respect of any property situated within the cantonment. Therefore it is imperative that anyone acquiring property through whatever means like sale-deed, gift, inheritance etc. gets the property mutated in his or her name in the GLR within the period as stipulated in section 73 of Cantonment Act 1924. In absence of same Govt of India retains the rights to resume the property as per rules. Further the type of tenure on which a piece of land is held is only recorded in the GLR of the Cantt. Therefore before undertaking any transaction in respect of immovable property situated within the cantt the existing entries must be checked from the GLR of the Cantt Board or DEO, Lucknow.
Procedure for mutation
- Before applying for mutation, every applicant should check the status of property in question from the GLR records of the Cantonment Board or DEO, Lucknow as the case may be. In fact the particulars like in whose name building or site is recorded in the GLR should be ascertained before acquiring the property and these details should be insisted upon from the transferor of the property before transfer. If the name of the transferor is not recorded in the GLR then the transferee must insist on the chain through which transferor acquired the property from the recorded HOR of GLR. The transferee should also insist on all relevant legal documents supporting this chain of transfer like sale deed, gift deed, will, inheritance etc. Thereafter the applicant should apply on prescribed proforma to the Cantonment Board/DEO, Lucknow for mutating the property in his/her name
- Attested copies of all instruments/documents related to the transfer must be submitted along with mutation application form.
- In case of transfer due to inheritance complete records of names, relationship of all legal heirs as per Hindu succession act, disclaimers from the other heirs relinquishing their share in favour of the applicant should be submitted along with the mutation form. Else a letter of probate/letter of administration from competent court should be submitted with mutation application form.
- The original copies of all documents/instruments must be produced for examination in Cantonment Board office when directed.
- An admission deed, duly registered on prescribed proforma acknowledging the Govt.'s rights on the land on requisite value of stamp paper must be submitted along with mutation application form.
- A fee is to be deposited along with the mutation application form.
- In case of properties where unauthorized construction, encroachment, sub division of site, change of purpose or any other breach of the conditions of the tenure on which property is held, is involved, mutation shall be done in accordance with the policy and guide lines issued by Ministry of Defence, Govt. of India.
Free hold conversion means change of occupancy rights of a site/building into ownership rights against payment of a fee namely conversion cost to the Govt. In simple terms it means sale of ownership rights of land by the Govt. to the holder of occupancy rights. The ownership rights of most of the land situated in the Lucknow Cantonment are vested in the Govt. of India and policy of free hold conversion is applicable only to the sites situated in civil area.
Land tenures convertible fo free hold
For a site to be converted into free hold following conditions must be satisfied:
- Must be situated in civil area.
- It should not be a property of Cantonment Board
- The applicant should possess the right to own the superstructure
- It should be situated on B-3 land and not on any other class of land.
- Property should be held on old grant, Cantt code or any other type of lease.
- The property should not be situated in outside civil area.