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.
Who can apply
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, Jammu Circle, Jammu Cantt.
General Application Form
Building Application Form required under section 179
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.
Permissible Construction for different land tenures
Cantt Code Leases
The repair, maintenance, addition, alteration, renovation and reconstruction of authorised buildings on the sites held on Cantonment code leases situated anywhere in the Cantonment shall be regulated as per the provisions of the lease deed. Additional built up space to the extent of 10% of the authorised built up space can be sanctioned for which a supplementary lease deed will have to be executed by the applicant and rent for this area shall be fixed as per current STR.
Old Grant Buildings situated in outside notified civil area of the Cantt.
Construction which does not exceed 10% of authorised floor space of the bungalow and includes only appurtenances like bathrooms, kitches and verandahs but no additional rooms, no addition / reconstruction to the out houses and annexes. Routine maintenance of these structures however can be carried out, and
Construction which does not involve change of purpose and does not violate byelaws of the Cantt.
Permission to construct is subject to grantee executing and registering an indenture clearly accepting the govt ownership of the land.
Old Grant buildings in notified civil area
Addition, alteration and re-erection of the building which attract section 179(2) of the Cantonment Act within the authorised floor space of the building shall be sanctioned by the CEO provided the cost of such reconstruction does not exceed the cost of construction as per prevailing plinth area rates approved by the MOD for permanent specification for married accomodation and that of repairs does not exceed 50% of the cost of reconstruction as mentioned above. Permission to construct is subject to grantee executing and registering an indenture clearly accepting the govt ownership of the land.
Buildings / sites held on any other type of lease
Construction which attract the provisions of section 179(2) of the Cantt Act shall be permitted by the Board / GOC-in-C as provided in the respective lease in accordance with the terms and conditions of the lease.
Freehold sites (only in notified civil area)
Construction which attract the provisions of section 179(2) of the Cantt Act and are in conformity with the byelaws of the Cantt shall be permitted by the CEO. NON-PERMISSIBLE CONSTRUCTION
Any construction which violates byelaws of the Cantonment shall not be permitted under any circumstances irrespective of the provisions of the land policy and the Cantonment Act.
Construction which cannot be carried by the HOR without permission of the Executive Officer/Board
:: Any construction which is covered by the definition of the building and is atleast one of the following, the permission from the Executive Officer / Board is mandatory.
:: Any material alteration or enlargement of building.
:: Conversion for human habitation of a building not originally constructed for the purpose.
:: Conversion into more than one place for human habitation of a building originally constructed at one place.
:: Conversion into 2 or more places of human habitation into greater number of such places.
:: Conversion into a stable, cattle shed, cow house of a building originally constructed for human habitation.
:: Conversion into dispensary, stall, shop, warehouse, godown, factory or garrage of any building originally constructed for human habitation.
:: Any alteration which is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene.
:: Any alteration which increases or diminishes the height of, or area covered by or the cubic capacity of a building or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye-law made under Cantonment Act.