Land disputes are extremely common and the military is not an exception.

In fact, the world’s

most gruesome land disputes arise due to the military of a country. This project will look into
land disputes arising out of military control of various countries. The scope is not limited to India

INTRODUCTION

The Defence f0rces require large areas 0f land f0r training, ranges, dep0ts, airfields, quartering,
camping, 0ffices etc f0r military activities. Ministry 0f Defence, theref0re, 0wns large tracts 0f
land 0f appr0x 17.54 lakh acres, 0ut 0f which appr0ximately 1.57 lakh acres is situated within
the 62 n0tified Cant0nments and ab0ut 15.96 lakh acres is 0utside these Cant0nments. The
resp0nsibility 0f day-t0-day management 0f land is with the user services.

DIRECTORATE GENERAL DEFENCE ESTATES

Directorate General, Defence Estates (DGDE) is the Headquarters of the Indian Defence
Estates Service. DGDE provides advisory inputs on all Cantonments and Land matters to the
Ministry of Defence and Service Headquarters ie Army, Navy, Air Force and other
organizations under Ministry of Defence. Acquisition of lands, Resettlement and Rehabilitation
of displaced persons, Hiring and requisitioning of lands and buildings, are some of the
responsibilities of DGDE. It also ensures implementation of Cantonments Act 2006, Policies,
Rules & Regulations and Executive instructions.

DGDE has under its jurisdiction six Principal Directorates namely, Principal Directors, Central,
Eastern, Northern, Southern, South-western and Western Command. Under the Principal
Directorates there are 37 Defence Estates Offices and 4 ADEO Circles for management of
defence lands in the country.

There are 62 Cantonment Boards. These are local bodies responsible for providing civic
administration and implementing the Central Govt schemes of social welfare, public health,
hygiene, safety, water supply, sanitation, urban renewal and education.
Vision

The vision of the Defence Estates Organisation is to develop Cantonments as model townships
which offer a wholesome environment and urban living to its residents, both uniformed
personnel and civilians; to establish a system of land management that vigorously secures
defence land and ensures its optimum utilization; and to maximize satisfaction of the public that
comes in contact with it.

Mission

 To develop Cantonment townships as models of urban management and local self-

governance.
 To provide in each Cantonment:
 quality school education, free of cost, to every child and ensure that no child upto 18
years of age remains out of school;
 affordable and quality health care for every resident;
 an inclusive social care system for the aged, the differently-abled and the disadvantaged
sections of society; and
 an environment-friendly habitat.
 To leverage technology for record management to ensure safety (including against
disasters) and regular updating of defence land records.
 To establish and maintain state-of-the-art archives as a repository for holding old records,
for restoration and preservation of old/damaged paper records, and for their conversion
into more durable forms.
 To devise capabilities and systems for keeping defence land free from encroachments and
unauthorized constructions.
 To conduct regular land audit inter alia to optimize utilization of defence land.
 To provide a clean, transparent, accountable, efficient and responsive administration in
every office of the Defence Estates Organisation.
 To maximize the level of satisfaction of stakeholders and of the public that comes in
contact with the Defence Estates Organisation.
 To create a corps of professional and ethical manpower capable of realizing the Vision of
the Defence Estates Organisation.

Cantonment
In terms of Entry 3 of Union List (Schedule VII) of the Constitution of India, Urban Self
Governance of the Cantonments and the Housing Accommodation therein is the subject matter of
the Union of India. There are 62 Cantonments in the country which have been notified under the
Cantonments Act, 1924 (succeeded by the Cantonments Act, 2006). The overall municipal
administration of the notified Cantonments is the function of the Cantonment Boards which are
democratic bodies. The Station Commander of the Cantonment is the ex-officio President of the
Board and an officer of the IDES or Defence Estates Organisation is the Chief Executive Officer
who is also the Member-Secretary of the Board. The Board has equal representation of the
elected and nominated/ex-officio members to balance the official representation with the
democratic composition. This unique structure of Cantonment Boards is being maintained
successfully keeping in view the fact that the Cantonment areas were and are primarily meant to
accommodate the military population and their installations. Cantonments are different from the
Military Stations in that the Military Stations are purely meant for the use and accommodation of
the armed forces and these are established under an executive order whereas the Cantonments are
areas which comprise of both military and civil population.

There are four categories of Cantonments which depend on the size of population residing inside
a Cantonment. The Cantonments, despite having financial and land constraints especially
towards their permissible use for residential and commercial activities, today represent the green
areas which strive to maintain ecological balance while at the same time providing better civic
facilities to the residents.

DGDE is an Inter Services Organisation of the Ministry of Defence which directly controls the
Cantonment Administration. Some of the functions performed by DGDE towards the
Cantonment Administration are as follows:-

Functions and duties of Cantonments Division

 Policy making in respect of various facets of Cantonment administration

 Advising Ministry of Defence on matters relating to Cantonments
 Preparing and submitting Annual Administration Report of all Cantonments to the
Parliament
 Enactment of Rules, Regulations and Bye-laws
  Election and variation of Cantonment Boards
 Monitoring, inspecting and guiding the Boards on various functional parameters
 Assesment of the need for grants to Cantonments and allotment of Ordinary and Special
Grants-in aid to Cantonment Boards
 Assessing and alloting Service Charges to all Cantonment Boards
 Processing of taxation proposals
 Classification of posts, supervisory, non-supervisory posts, industrial disputes etc.
 Issues relating to the welfare of Cantonment Board staff-Ex-gratia payment of bonus, etc.

The Cantonments Act, 2006

An Act which succeeded the Cantonments Act, 2006. The Act provides for Municipal
administration and Governance of Notified Cantonments in the Country. Presently there are 62
Cantonments in the Country.

The quarters of the military personnel or police force are often termed as cantonment. The
cantonments are found in different nations including India. In India the cantonments stretch over
the northern, western and eastern regions which are renewed and enlarged with modern facilities
of warfare, training equipments etc. The Parliament has enacted The Cantonments Act, 2006 on
September 13, 2006 to administer and manage cantonments for the purpose of conveying better
democratization and to maintain financial stability for the progression of the cantonments.

The Central Government shall affirm any areas with borders as cantonment where the quarters of
the force is situated by notifying in the Gazette of India. Likewise, it shall also announce a
cantonment shall be closed down or prescribe the confines of such cantonment by notification.
Where an area is decided to be a cantonment, the Central government shall establish a Board as
provided under the Act. Until the Board is established the functions of the Board shall be
performed by the Central government.

The Central government can include or exclude any local area near to the cantonment after
consultation with the State Government or the concerned Board. The occupant of a cantonment
or the near area shall approach the Central government and submit a written objection to the
General Officer Commander-in-Chief before the expiry of eight weeks from the publication of
the notification and the Central Government shall consider the objection filed by such person.
Where an area is incorporated in to the cantonment, such an area shall come under the purview
of this Act and all other legislation dealing with the cantonment including the rules, order,
notifications, regulations etc. The Central Government is also empowered to exempt any part of
the cantonment from the purview of the Act for the purposes provided under the Act.

In addition, the Act grants for the establishment of Cantonment Board which shall be considered
as a municipality according to Article 243 P (e) of the Constitution of India. While acting as the
municipality, the Board shall have power to collect funds and allocations and execute the policies
and schemes of the Union relating to social wellbeing, public health, cleanliness, supply of
water, education, security etc. The cantonments are categorized into four separate types
according to the ratio of the population. The Central Government is also bestowed authority to
vary the cantonment board due to military operations or for the effective administration of the
Board. The Board shall consist of President and Vice President to perform the functions and
responsibilities provided under the Act. Each cantonment shall have a Chief Executive Officer
who is appointed by the Central government.

The members of the Board shall be elected through an electoral roll and the rules for the proper
conduct of the elections shall be formulated by the Central Government but in consonance with
the provisions of the Act. The Board shall take a combined action with the local bodies to select
and appoint a Chairman for the joint committee. The Board is entrusted with the following
duties:

 Lighting the road, lanes and public places;

 Provide water for the public;
 Cleaning the roads and lanes, drainage, get rid of harmful vegetation etc;
 Control trade and commerce that are hazardous or offensive;
 Remove undesirable impediments or hindrances and projections on the road;
 Provide security to unsafe buildings;
 Planting trees in the roadsides and the streets;
 Supply sufficient drinking water and prevent water pollution;
 Registration of birth and death;
 Impose property tax or trade tax;
 Form cantonment fund and cantonment development fund etc.

The Act provides for the constitution of sanitation authorities to discharge the functions for
sanitation, maintenance of sanitation in the areas of cantonment. There shall be a health officer to
advice the Board on matters related with sanitation. The Board is empowered to formulate bye-
laws for the matters connected with the cantonment. Moreover, the Act also empowers the Board
for the establishment of Committee of Arbitration.

The Cantonment Act, 2006 repealed The Cantonment Act, 1924. Additionally, the Parliament has
also enacted The Cantonments (Extension of Rent Control Laws) Act, 1957 to control the rent
for accommodation in cantonments which came into force on January 26, 1950 and The
Cantonments (House- Accommodation) Act, 1923 to determine the accommodation of army
officials in the cantonments which came into effect on April 1, 1923.

Cantonment Property Rules, 2017

Register of cantonment property.

Registers of immovable property, which vest in and belong tothe Cantonment Board, shall be
maintained by the Cantonment Board in the forms specified in the Cantonment Account Code,
1924 and all additions to or alterations in the holdings of the Cantonment Board shall be
recorded therein

Purchase or lease of land other than land vested in the Central Government

Subject to the provisions of section 123 and section 124 of the Act, the Cantonment Board may
purchase or take on lease any immovable property, other than property which is vested in the
Central Government that may be required for immediate and definite purpose connected with the
administration of the cantonment: Provided that the Cantonment Board shall not acquire any
interest in any such property within the limits of the cantonment except with the sanction of the
General Officer Commanding-inChief, the Command, who shall obtain comments of the
Principal Director, Defence Estates before according or refusing sanction.

Transfer by Cantonment Board of Immovable Property

Immovable property which vests in and belongs to the Cantonment Board shall not be transferred
to any person by the Cantonment Board by way of sale, mortgage or exchange, or otherwise than
by lease without a premium, except with the previous sanction of the Central Government and in
such manner and on such terms and conditions as the Central Government may, approve such
sanction.

Lease by Cantonment Board

Subject to the provisions of section 267 of the Act, immovable property which vests in and
belongs to the Cantonment Board may be leased by the Cantonment Board if reasonable rent is
reserved and made payable, lease, or the agreement for the lease, is not made for any term
without the previous sanction of the Cantonment Board, that a lease for any purpose for which
the Cantonment Board itself could not, utilize the property.

LANDS DIVISION

The Defence forces require large areas of land for training, ranges, depots, airfields, quartering,
camping, offices etc for military activities. Ministry of Defence, therefore, owns large tracts of
land of approx 17.54 lakh acres, out of which approximately 1.57 lakh acres is situated within
the 62 notified Cantonments and about 15.96 lakh acres is outside these Cantonments. The
responsibility of day-to-day management of land is with the user services.

Functions and duties of Lands Division

DGDE helps framing of policies and instructions on all land matters including the following. It
also ensures their implementation.

 Resumption of certain class of defence lands with or without buildings situated in

Cantonments
 Mutation of Old grant / lease-hold properties.
 Conversion of old grant / lease-hold properties situated in Civil area/Bazar area of Cantt.
into freehold.
 Transfer/Disposal of surplus Camping Grounds/Abandoned Air Fields.
 Disposal of usufructs on Defence land
 Reclassification of Land
  Renewal of Leases/Licences
 Grant of fresh leases
 Permission for sanction of building plans on lease-hold properties
 Grant of temporary license for organizing exhibition, etc. on vacant defence land
 Prevention, detection and removal of encroachments
 Licensing of sites for advertisement hoardings on defence lands

OLD GRANTS

Some land within the notified Cantonments has historically remained in occupation of private
persons. Such land was earlier allowed by the Government to be occupied on license basis on
tenures which subsequently came to be known as Old Grants. These provide for resumption of
the sites on payment of compensation for the authorized structures erected thereon. There are
about 49000 Old Grant sites covering an area of about 7500 acres.