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Proceedings of Civil Area Committee meeting of Cantonment Board, Ranikhet held on Oct 8th, 2018 at 11.00 A.M. in the Conference Room of the Cantonment Board, Ranikhet.

PRESENT

1. Shri Mohan Negi - Chairman

2. Miss Jyoti Kapoor - Member Secretary

3. Shri Bhuwan Chandra Arya - Elected Member

4. Shri Sanjay Pant - Elected Member

5. Smt. Bindu Rautela - Elected Member

6. Shri Vinod Chandra - Elected Member

7. Shri Sukrit Sah - Elected Member

8. Maj. Shyam Nayar - Ex-Officio Member

ABSENT

1. Smt. Archana Pathak - Elected Member

2. Col. Harish Sethi - Ex-Officio Member

P r o c e e d I n g s

01. PENDING MUTATION CASES OF OLD GRANT

The Pending mutation cases have been put up before the Committee and full Board on dated 22nd July 2016, 17th Aug 2016 and 16th Jan 2017. Further the Civil Area Committee vide Resolution No. 1, dated 3rd July, 2018 recommended that the pending mutation cases of Old Grant involving breach of terms be identified & put up again in ensuing meeting of Civil Area Committee.

Hence the Detail of some pending mutation cases of old grant is as under (The list is also in the file for ready reference):-

(i) MUTATION IN RESPECT OF SY. NO. 99/288 (Near Roadways Station)

It is submitted that Col. (Retd) Narendra Singh Bisht s/o late Shri Balwant Singh Bisht has requested for mutation in Sy. No. 99/288 in favour of legal heirs of Shri Balwant Singh Bisht.

As per record available in this office, the site comprising GLR Sy. No. 99/288 measuring 0.523 acres. held on Old Grant and lease land, is entered in GLR in the names of S/Shri Kishan Lal Sah, Shyam Lal Sah s/o the late Shri Ratan Lal Sah, S/Shri Yashwant Singh, Balwant Singh s/o Shri Kushal Singh and S/Shri Govind Singh Bisht s/o Shri Yashwant Singh Bisht , Shri Deepak Garg s/o Shri N.K. Garg, Harish Kumar, Shri Kailash Chandra Jointly.

It is also submitted that, as per sale deed 06-09-2003, the names of S/Shri Govind Singh Bisht s/o Shri Yashwant Singh Bisht, Shri Deepak Garg s/o Shri N.K. Garg , Shri Harish Kumar s/o Shri Kailash Chandra Agarwal has been entered in the GLR of Sy. No. 99/288 alongwith other co-shareres jointly in place of Shri Dalip Singh s/o late Shri Kushal Singh vide C.B.R. No. 5, dated 02-11-2006.

Afterthat Shri Govind Singh Bisht s/o late Shri Yashwant Singh Bisht has sold a shop situated in 152 sqft area in Sy. No .99/288 to Shri Prem Singh Bisht s/o late Shri Trilok Singh Bisht vide sale deed dated 22nd March, 2013.

It is petinent to mention here that as per GLR column No. 5 (Description) of Sy. No. 99/288 the site is mentioned as H. Nos. 314, 314/1. But, as per sale deed dated 22nd March, 2013, the seller has sold a shop situated in 152 sqft area in Sy. No. 99/288 to Shri Prem Singh Bisht s/o late Shri Trilok Singh Bisht. It means the site is being used for commercial purpose also, which attracts the change of purpose in Sy. No. 99/288 and a part of Sy. No. 99/288 has been sold through sale deed dated 06-09-2003 and sale deed dated 22nd March, 2013, which causes the sub division of site is also involved in the site. But the said breaches have not been done by the applicant. The applicant only applied for mutation on inheritance basis after death of his father late Shri Balwant Singh Bisht.

The Engineering section reported dated that 26.12.2017, breach of old grant terms is involved in Sy. No. 99/288 as sub division of site, change of purpose and unauthorized construction, which is not done by applicant.

The matter was placed before the CAC on 03-07-2018 and the CAC has passed a resolution that ‘’Considered and committee recommended to identify the such type of cases & put up again in ensuing meeting of Civil Area Committee. The committee also recommended to obtain legal advice in respect of Sy. No. 99/288’’.

Accordingly the matter was forwarded to CBLA,vide this office letter no. 261/legal advice/Sy no.99/288, dated 10-09-2018 and the CBLA has opined that there shall be no illegality in carrying out mutation in favour of the applicants as nothing incrementing was found against Late Shri Blawant Singh Bisht, the proposed mutation is based on the predecessor of the applicant.

Hence the matter is placed before the Civil Area Committee for consideration.

(ii) MUTATION IN SY. NO. 149/5 (Lalkurti, Kumpur Area).

It is submitted that the house nos. 110 to 142 situated in Sy. No. 149/5 held on old grant entered in the names of S/Shri Kashi Nath, Suneel Masi, Munna Lal, Jagdish, Satish Chandra, Manorattan, Suneel Kumar, Nanhe, Areek Masi, Pooran Chandra, Dinesh Kumar, Patrik Masi s/o Patras and Smt. Januli Devi w/o Kailash Ram and Smt. Puspa Goel w/o Shri Rameshwar Prashad and Shri Rajesh Kumar s/o Shri Hari Singh and Shri Kirpal Pawar s/o Shri Sunhari Pawar jointy.

That the above occupancy rights holder has sold the property in many parts to the various persons, due to which sub division of site has been involved in Sy. No. 149/5

One of the purchaser of the property Shri Munesh Kumar s/o late Om Prakash has purchased the house No 136 from Shri Jagdish s/o Shri Munna Lal vide sale deed dated. 06-10-2017 and applied for mutation in his favour.

As per technical report dated 18-01-2018 unauthorized construction, encroachment and sub division of site is involved in the Sy. No. 149/5.

As per Cantonment Law Volume II , Chapter 17 Cantt Code leases and Old Grant, guidelines issued by the Govt. of India Ministry of Defence vide letter no. 31/3/L/L&C-36/7260-L/D(C&L) dated 16-11-1962 in point 3 “ Govt. of India has given careful consideration to the matter and have decided that hereinafter change in use of or sub-division of a site or erection of additional buildings, in respect of old grant site inside notified civil areas, shall not be sanctioned by a Board without the previous sanction of the Central Government .”. Due to which, the mutation process could not be initiated in Sy. No. 149/5.

Hence the matter is placed before the Civil Area Committee for consideration.

(iii) MUTATION IN SY. NO. 99/72 (Aabkari Area).

It is submitted that Shri Harish Lal Sah, Smt. Munni Bisht and Mamta Sah have applied for mutation in House No. 562-565 sitauted in Sy. No. 99/72.

As per GLR of Sy No. 99/72 the occupancy rights are entered in the names of Smt. Nandi Devi widow of late Shri Gopal Sah Smt. Nandi Devi w/o Gopal Sah has died on 12-03-2013.

Smt. Nandi Devi had only one son Devi Lal Sah who also passed away on 17-11-1968 leaving behind his daughter Smt. Munni Bisht w/o late Dan Singh Bisht, Shri Harish Lal Sah and Shri Ramesh Lal Sah sons of late Devi Lal Sah.

The legal heirs of Smt. Nandi Devi have applied for mutation vide their letter dated 19-08-2013. In this connection this office has obtained legal advice regarding mutation in favour of the legal heirs of late Nandi Devi. The CBLA vide his letter dated 14-04-2016 has opined that “the legal heirs of Smt. Nandi Devi according to the line of succession are her grand daughter 1- Smt. Munni Bisht and Grand sons namely 2- Harish Lal Sah and Ramesh Lal Sah. But one of the grand Son Ramesh Lal Sah has died on 08-04-2013 leaving behind his legal heirs 1- Smt. Mamta Sah w/o Ramesh Lal Sah 2- Km. Geetanjali d/o Ramesh Lal Sah 3- Sakshi Sah d/o Ramesh Lal Sah and 4- Deepti Sah d/o late Ramesh Lal Sah. Therefore in the absence of “WILL”, the above said person are the legal heir of late Nandi Devi and automatically inherit the property left by late Nandi Devi Shah” .

Further it is submitted that Smt. Nandi Devi w/o late Gopal Sah had sold house No. 564 out of the above Survey No. 99/72 to Shri Ajay Pandey and Vijay Pandey vide sale deed 09-09-2005. As the property situated on old grant term, hence sub division of site has been involved in the property.

As per technical report the sub-division of site is involved in Sy. No. 99/72.

The mutation could not be done in favour of legal heirs of late Smt. Nandi Devi.

Hence the matter is placed before the Civil Area Committee for consideration.

(iv) MUTATION IN SY. NO. 149/29 (Lalkurti,Kumpur Area).

To consider an application dated 24-12-2010 alongwith Sale Deed dated 09-01-1996 received from Shri Dhyan Singh Bisht, Shri Hira Singh Bisht sons of late Jeet Singh Bisht requesting that the occupancy rights of House No. 149/29 comprising GLR Sy. No. 149/29 be transferred in their names alongwith other co-sharers as per sale deed.

OFFICE REPORT

It is submitted that the house No. 14-16 and House No 179-181 are situated in Sy. No. 149/29 held on old grant terms entered in the names of Shri Laxmi Datt Joshi s/o late Shri Narain Datt, Smt. Chandra Kala w/o late Shri Govind Ballabh Joshi.

Shri Jeet Singh has purchased house No. 14 and 179 situated in Sy. No. 149/29 by sale deed dated 09-01-1996 and has applied for mutation on dated 18-01-1996 and during the process of mutation Shri Jeet Singh passed away on 02-04-2005. Further Shri Dhyan Singh and Shri Hira Singh s/o Shri Jeet Singh had applied for mutation of Sy. No. 149/29 on their names. In response of their letter, re-scruitny of documents related to Sy. No. 149/29 was done. Wherein it was found that the applicant has purchased a part of Sy. No. 149/29. As Sy. No. 149/29 is situated on old grant terms, due to which sub division of site is involved in Sy. No. 149/29.

As per Cantonment Law Volume II , Chapter 17 Cantt Code leases and Old Grant, guidelines issued by the Govt. of India Ministry of Defence vide letter no. 31/3/L/L&C-36/7260-L/D(C&L) dated 16-11-1962 in point 3 “ Govt. of India has given careful consideration to the matter and have decided that hereinafter change in use of or sub-division of a site or erection of additional buildings, in respect of old grant site inside notified civil areas, shall not be sanctioned by a Board without the previous sanction of the Central Government .”.

In this connection this office has approached to higher authorities for further guidelines regarding mutation in old grant terms vide this office letter No. 261/Da.Kha./13, 22nd June, 2013 and 261/149/29/Da. Kha./14, dated 28th May, 2014, but no further guidelines/policy is received from higher authorities till date, due to which the process of mutation could not be completed.

Hence the matter is placed before the Civil Area Committee for consideration.

(v) MUTATION OF SY.NO.99/126 (Lower Khari Bazar).

It is submitted that Smt. Mumtaj Ahmad w/o Shri Habib Ullah has applied for mutation in Sy. No. 99/126. The House No. 231 is situated in Sy. No. 99/126 which is on old grant land. The names of Shri Harish Ram Arya s/o Shri Debi Ram is entered in the GLR of Sy. No. 99/126.

After scrutiny of the documents it came to the notice of this office that Smt. Mumtaz Ahmed has purchase a part of the property in Sy. No. 99/126 from Shri Kailash Chandra Agrawal vide sale deed dated 06-05-1999. Due to which the sub division of site has been involved in Sy. No. 99/126. It is pertinent to mention here that the name of Shri Kailash Chandra Aggrawal is not entered in the GLR of Sy. No. 99/126..

As per technical report dated 12-09-2018 unauthorized construction and sub-division site is involved in Sy. No. 99/126

As per land policy “As per Cantonment Law Volume II , Chapter 17 Cantt Code leases and Old Grant, guidelines issued by the Govt. of India Ministry of Defence vide letter no. 31/3/L/L&C-36/7260-L/D(C&L) dated 16-11-1962 in point 3 Govt. of India has given careful consideration to the matter and have decided that hereinafter change in use of or sub-division of a site or erection of additional buildings, in respect of old grant site inside notified civil areas, shall not be sanctioned by a Board without the previous sanction of the Central Government .”.

Hence, the mutation in favour of Smt. Mumtaz Ahmed could not be processed till date. The matter is placed before the CAC for consideration.

(vi) MUTATION IN RESPECT OF SY. NO. 99/208 (Upper Khari Bazar).

To consider the matter regarding mutation in respect of Sy. No. 99/208.

OFFICE REPORT

It is submitted that the house No. 441-455 comprising GLR Sy. No. 99/208 measuring 7665 sqft. held on old grant terms entered in the names of Shri Hardasi Lal s/o Shri Brij Lal, S/Shri Uma Shankar Mehrotra, Smt. Sudha Mehrotra w/o Shri Vishnu Shankar Mehrotra, Shri Rajeev Mehrotra, Shri Anil Mehrotra and Ashok Mehrotra sons of Shri Kashi Nath Mehrotra jointly and S/Shri Deepak Kumar Mehrotra, Sandeep Mehrotra sons of the late Shri Laxmi Narayan Mehrotra jointly.

Shri Mohan Lal Mehrotra s/o Shri Hardasi Lal Mehrotra has sold house No. 442 & 442A in Sy. No. 99/208 to Smt. Kamla Verma vide sale deed dated 02-06-1982. Afterthat Shri Sanjeev Kumar s/o Har Narayan Mehrotra also sold the house nos. 443, 443A & 444 to Smt. Kamla Verma vide sale deed dated 28-06-1988. Other co-sharers of Sy. No. 99/208 have not sold their share.

It is pertinent to mention here that after transaction of property in the year 1982 and 1988, sub division of site has been involved in Sy. No. 99/208. But in the year 2010, the mutation was done in the names of S/Shri Uma Shankar Mehrotra, Smt. Sudha Mehrotra w/o Shri Vishnu Shankar Mehrotra, Shri Rajiv Mehrotra, Shri Anil Mehrotra and Shri Ashok Mehrotra sons of Shri Kashinath Mehrotra vide CBR No. 58, dated 31-03-2010 in the name of legal heirs of Shri Kashinath Mehrotra s/o Shri Hardasi Lal.

In this connection this office asked to prove that how did the above property in Sy. No. 99/208 came in his possession vide letter No. 261/T/52/44, dated 8th July, 1982. In reply, Shri Mohan Lal Mehrotra has produced a copy of family partition. According to family partition deed, the house No. 442 goes to Shri Mohan Lal Mehrotra s/o Shri Hardasi Lal and house No. 443 and 444 goes to Harnarayan s/o Shri Hardasli Lal.

As per Cantonment Law Volume II , Chapter 17 Cantt Code leases and Old Grant, guidelines issued by the Govt. of India Ministry of Defence vide letter no. 31/3/L/L&C-36/7260-L/D(C&L) dated 16-11-1962 in point 3 Govt. of India has given careful consideration to the matter and have decided that hereinafter change in use of or sub-division of a site or erection of additional buildings, in respect of old grant site inside notified civil areas, shall not be sanctioned by a Board without the previous sanction of the Central Government .”. Due to which mutation process could not be finalized

The board vide CBR No. 3(5), dated 31-10-1985 recommended that “the names of “Smt. Asha Mehrotra w/o Dr. Mohan Lal Mehrotra, Shri Rahul Mohan s/o Dr. Mohan Lal Mehrotra be insterted with Dr. Mohan Lal as joint occupancy holder of houses No. 442 & 442A with other co-sharers in civil area committee rsolution No. 3, dated 08th August 1985 first on the basis of documents produced by the party and thereafter the aforementioned houses be jointly mutated in the name of Smt. Kamla Verma w/o Shri Jai Nandan Verma, Khari Bazar, Ranikhet in place of Dr. Mohan Lal, Smt. Asha Mehrotra and Shri Rahul Mohan with other co-sharers”.

But, the mutation in favour of above named persons could not be done and during the scrutiny of the documents it is found that Smt. Kamla Verma has also done the unauthorized construction in Sy. No. 99/208. For which notices were issued to Smt. Kamla Verma under section 184, 185 and 256 of Cantt Act 1924.

As per technical report unauthorized construction and sub division of site is involved.Due to which mutation in favour of Smt. KamlaVerma could not be done till date.

Hence the matter is placed before the Civil Area Committee for consideration.

Relevant file is placed on the table.

(vii) MUTATION IN RESPECT OF SY. NO. 99/215 (Zaroori Bazar).

OFFICE REPORT

It is submitted that the House Nos 387-393 situated in Sy. No. 99/215 standing on Old Grant land held under the management of Cantonment Board. The property is entered in the GLR in the names of Sarvshri Tej Narayan, Kishan Narayan sons of late Amar Nath and Sarvshri Ratan Lal, Prem Kumar, Pramod Kumar sons of late Gurudayal alias Shri Gurucharan Lal, Smt Parwati Devi w/o late Shri Gurudayal alias Shri Gurucharan Lal.

Smt. Neeta Chaurasiya w/o Shri Prem Kumar has applied for mutation in Sy. No. 99/215. During the scrutiny of documents it is found that Smt. Neeta Chaurasiya w/o Shri Prem Kumar has purchased the house nos. 390, 390A, 391, 391A, 393, 393A in Sy. No. 99/215 from her uncle Shri Kishan Chaurasiya vide sale deed dated 31-08-2012.

As the property situated in Sy. No. 99/215 is standing on old grant land, Shri Kishan Chaursiya s/o late Lala Amarnath and Shri Suresh Chandra s/o late Tej Narayan Chaurasiya has also executed a gift deed of the same property on dated 04-04-2018 in favour of Smt. Neeta Chaurasiya in respect of house nos. 390A, 391, 391A, 393, 393A in Sy. No. 99/215.

In this connection this office has obtained legal advice from CBLA and the CBLA vide his letter dated 16th Apr, 2018 has advised that “ the gift deed is an additional document in proof of the transfer of the property in favour of the applicant and liability will be fastened to the applicant for payment of municipal taxes after mutation in her favour .Therefore, here is no illegality in effecting mutation in the name of the applicant after due publication in news papers in this respect ”.

Further objections were invited by publishing an advertisement in daily news papers regarding mutation in Sy. No. 99/215 vide this office letter No. 261/Mutation Ad/2018-19, dated 27-04-2018. As per report of Record Keeper dated 26th June, 2018 no objection is received in this office within stipulated period regarding mutation in Sy. No. 99/215.

As per technical report dated 12-01-2017, unauthorized construction, change of purpose, sub-division of site and encroachment are not involved in Sy. No. 99/215.

Hence the matter is placed before the Civil Area Committee for consideration.

Relevant file is placed on the table.

(viii) MUTATION IN SY. NO. 99/176 (Shridharganj).

It is submitted that the house nos. 1-121 are situated in Sy. No. 99/176 on old grant terms entered in the names of S/Shri Brijesh Prashad Joshi, Somesh Prashad Joshi and Shri Mahendra Pratap Singh s/o late Jag Bahadur Singh jointy.

That the above occupancy rights holders have sold the property in many part to the many persons and under mentioned purchasers of the property have applied for mutation in Sy. No. 99/176.

1. Shri Naveen Chandra Joshi s/o late Bhola Datt Joshi has purchase house No. 92 and 25 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi 17 th April, 2007.

2. Shri Jhandu Singh s/o Jay Ram has purchase house No. 53 in Sy. No. 99/176 property from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 13th Oct, 2017.

3. Smt. Nirmala and Meena d/o late Kanhaiya Lal has purchased house NO. 77, 80, 81, 82 from Shri Brijesh Prasad Joshi.

4. Shri Jagdish Chandra Rekhari s/o Khyali Datt Rekhari has purchase house No. 55 from Shri Brijesh Prasad Joshi vide sale deed dated 17th April, 2017.

5. Smt. Saroj w/o Shri Ramesh Balmiki has purchased house No. 87 from Shri Brijesh Prasad Joshi vide sale deed dated 29th Oct, 2004.

6. Shri Khajan Chandra Pandey s/o late Ram Datt Pandey has purchased house No. 60 from Shri Brijesh Prasad Joshi vide sale deed dated 23rd Nov. 2005.

7. Smt. Maya Pawar w/o Shri Umed Singh Pawar has purchased house No. 58 from Shri Brijesh Prasad Joshi vide sale deed dated 23rd Nov. 2005.

8. Km. Poonam Balmiki d/o late Ramdulare, Shri Amit Kuma and Shri Sumit Kumar sons of Ram Dulare have purchased the house No. 90 from Shri Brijesh Prasad Joshi vide sale deed dated 23rd Nov. 2005.

9. Smt. Shalini Pandey w/o Shri Suresh Chandra Pandey has purchased the house No. 35 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 17th April, 2007.

10. Smt. Hemlata Pant w/o Shri Naveen Chandra Pant has purchased house No. 110 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 17th April, 2007

11. Smt. Reena Pandey w/o Shri Khyali Chandra Pandey has purchased house No. 36 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 17th April, 2007

12. Shri Puran Singh Negi s/o Shri Khushal Singh Negi has purchased house No. 45 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 17th April, 2007

13. Mohd. Shamim s/o Shri wasiullah has purchased house No. 23 and 94 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29 th Oct, 2004.

14. Smt. Pushpa Devi w/o Govind Ballabh Pandey has purchased house No. 33 and 34 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 17th April, 2007.

15. Shri Suresh Kumar s/o Shri Dilawar has purchase House No. 38 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29 th Oct, 2004.

16. Smt. Murti Devi w/o Shri Kanhaiya Lal has purchased the house No. 77, 80, 81 and 82 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29th Oct, 2004.

17. Shri Umesh Chandra Bhatt s/o Shri Kalu Ram Bhatt has purchased the house No. 52 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29th Oct, 2004.

18. Shri Harish Chandra Nainwal s/o Bachi Ram Nainwal has purchased house No. 54 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29th Oct, 2004.

19. Shri Dhruv Narayan Singh s/o Dharam has purchased house No. 2 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 15 th Nov. 1999.

20. Shri Sujan Singh Rawat s/o Shri Ganga Singh Rawat has purchased the house No. 98 and 19 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 15th Nov. 1999.

21. Shri Hem Chandra Nainwal s/o Shri Amba Datt Nainwal has purchased hosue No. 67 and 59 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 26th Dec, 1997.

22. Smt. Devki Devi Joshi w/o Shri Pitambar Datt Joshi has purchase house No. 7 and 110 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 26th Dec, 1997.

23. Shri Bache Singh Rawat s/o Shri Man Singh Rawat has purchased the house No. 68 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 26th Dec, 1997.

24. Shri Nand Kishor Pandey s/o Urba Datt Pandey has purchased house No. 104 and 3 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 26th Dec, 1997.

25. Shri Basant Kumar s/o Shri Ram Prasad has purchase the house No. 93 and 24 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 26th Dec, 1997.

26. Shri Kishan Ram s/o Shri Gusai Ram has purchased the house No. 113 and 4 has purchased from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 2nd Dec, 1996.

27. Smt. Maya Sati w/o Shri Jiwan Chandra Sati has purchased the house No. 49 from Shri Brijesh Prasad Joshi and Somesh Prasad Joshi vide sale deed dated 29th Oct, 2004.

As per Technical report dated 8th Aug, 2018 sub division of site, change of purpose, unauthorized construction and encroachment is involved in Sy. No. 99/176.

As per land policy As per Cantonment Law Volume II , Chapter 17 Cantt Code leases and Old Grant, guidelines issued by the Govt. of India Ministry of Defence vide letter no. 31/3/L/L&C-36/7260-L/D(C&L) dated 16-11-1962 in point 3 Govt. of India has given careful consideration to the matter and have decided that hereinafter change in use of or sub-division of a site or erection of additional buildings, in respect of old grant site inside notified civil areas, shall not be sanctioned by a Board without the previous sanction of the Central Government .”. Due to which mutation process could not be initiated in the name of above purchasers till date. Due to which the mutation process could not be initiated in Sy. No. 99/176 till date.

Hence the matter is placed before the Civil Area Committee for consideration.

Relevant file is placed on the table.

RESOLUTION

01. Considered and discussed at length.

(i) The committee recommended that the mutation of Sy. No. 99/288 is a legal heir case, hence the process for mutation in the names of legal heirs of Shri Balwant Singh Bisht i.e. Smt. Nandi Bisht w/o late Balwant Singh Bisht, Col. Narendra Singh Bisht, Shri Vijay Singh Bisht sons of late Balwant Singh Bisht, Smt. Shalini Bharat and Smt. Rashmi Singh d/o late Balwant Singh be carried out after completion of all formalities. The other applications in Sy. No. 99/288 for mutation by way of inheritance be also putup in board meeting after scrutiny of concerned document and rule-positions.

(ii) The mutation of Sy. No. 99/72 is also a legal heir case, hence mutation process in the names of Smt. Munni Bish w/o late Dan Singh Bisht, Shri Harish Lal Sah s/o Devi Lal Sah, Smt. Mamta Sah w/o late Ramesh Lal Sah, Km. Geetanjali Sah, Km. Sakshi Sah, Km. Deepti Sah daughters of late Ramesh Lal Sah legal heirs of Smt. Nandi Devi be carried out after completion of all formalities.

(iii) The mutation process in Sy. No. 99/215 be carried out in favour of Smt. Neeta Chaurasia w/o Shri Prem Kumar Chaurasia by expunging the name of Shri Kishan Narayan as the property has been transferred in her name by her uncle Shri Kishan Narayan through gift deed.

· The CAC also recommended that a reminder be forwarded to the higher authorities in Sy. No. 149/29 for issuance of guidelines for mutation in old grant cases, where breaches are involved such as sub-division of site, change of purpose and unauthorized construction.

2. MUTATION IN SY. NO. 99/282 (Sadar Bazar)

The site comprising GLR Sy. No. 99/282 measuring 5270 sqft situated within notified civil area under the management of Cantt. Board and is entered in GLR in the names of Shri Shri Bhawani Das Shah s/o Shri Lachi Shah, Shri Bhuwan Chandra Shah, Shri Kailash Chandra Shah sons of Late Shri Kundan Lal Shah and Shri Nand Kishor Garg s/o Shri Radha Kishan Garg and Shrimati Kushum Garg w/o Shri Nand Kishor Garg and S/Shri Kanchan Lal Shah, Ravindra Chandra Shah sons of Late Shri Bhuwan Chandra Shah Jointly. Sy. No. 99/282 is held on two leases (i) In form ‘A’ Cantt Code 1899 free of rent executed on 07-03-1904 (ii). In form ‘A’ Cantt. Code 1899 at on annual rental of Rs. 2.25 executed on 09-10-1906.

It is submitted that Smt. Pushpa Sah w/o late Mahesh Chandra Sah, Shri Arvind Sah, Shri Ashok Sah, sons of late Shri Arjun Sah, Smt. Meera Sah w/o late Shri Arjun Sah, Aditya Sah Sah sons of late Sudhir Sah and Smt. Hema Sah w/o late Sudhir Sah have applied for mutation in Sy. No 99/282 being legal heirs of late Shri Bhawani Dass Sah.

The applicants have submitted the death certificates of under mentioned deceased persons:-

Mahesh Chandra Sah s/o Bhawani Das Sah,

Arjun Sah s/o Mahesh Chandra Sah

Sudhir Sah s/o Mahesh Chandra Sah

In this case a legal advice was obtained by this office and the CBLA vide their letter dated 29th Aug, 2016 has advised that no illegality is effecting mutation in favour of the applicants.

In this connection objections were invited by this office by publishing an advertisement in daily news papers regarding mutation in Sy. No. 99/282, within 30 days. Wherein no objection is received by this office within stipulated period.

As per technical report dated 12-09-2018 unauthorized construction and sub division of site is involved in Sy. No. 99/282

Hence the matter is placed before the CAC for consideration of mutation in respect of Sy No. 99/282.

RESOLUTION

02. Considered. The committee has recommended that occupancy rights of GLR Sy. No. 99/282 be transferred in favour of Smt. Pushpa Sah w/o Shri Mahesh Chandra Sah, Shri Arvind Sah, Shri Ashok Sah s/o Arjun Sah, Smt. Meera Sah w/o Arjun Sah, Shri Aditya Sah s/o late Sudhir Sah, Smt. Hema Sah w/o late Sudhir Sah legal heirs of late Shri Bhawani Das Sah by way of inheritance after completion of all the formalities. Mutation fee amounting to Rs. 500/- also be recovered.

03. MUTATION IN SY. NO. 99/102 (LowerKhari Bazar)

To consider the matter regarding mutation in Sy. No. 99/102.

OFFICE REPORT

It is submitted that Shri Pradeep Rawat s/o late Shri Rajendra Singh Rawat has applied for mutation in Sy. No. 99/102 in favour of Shri Neeraj Rawat, Himanshu Rawat and Shri Pradeep Rawat sons of late Shri Rajendra Singh Rawat.

As per GLR, Sy. No. 99/102 is situated on old grant and lease for 7560 sqft in special form entered in the names of Shri Rajendra Singh s/o Shri Chandan Singh Rawat, Chandan Singh Rawat.

During the scrutiny it is found that the matter was placed before the board for mutation of Sy. No. 99/102 in the name of Sarvshri Neeraj Rawat, Himanshu Rawat, Predeep Rawat, Km. Ranuka Rawat sons and daughter of the late Shri Rajendra Singh Rawat and Smt. Kamlesh Rawat w/o late Shri Rajendra Singh Rawat jointly. The Board vide CBR No. 3(2), dated 21.5.1997 has passed a resolution that a necessary sanction be obtained from Hqrs, Central Command, Lucknow. Accordingly this office has forwarded a letter to PDDE, CC, Lucknow vide this office letter No. 261/15/SY. No. 99/102, dated March 28th, 1998, but no sanction has been received from the Dte.

After that in the year 2012, Shri Neeraj Rawat has again applied to this office that the name of legal heirs of the deceased i.e. Shri Rajendra Singh Rawat may be entered in the GLR. In this connection, he has submitted a NOC from Smt. Kamlesh Rawat w/o Rajendra Singh Rawat and Smt. Renuka Airera w/o Shri Dayal Singh Airera they have no objection for mutation in favour of Shri Neeraj Rawat, Pradeep Rawat and Himanshu Rawat s/o late Shri Rajendra Singh Rawat. For this purpose they have submitted a relinquishment deed in favour Shri Neeraj Rawat, Pradeep Rawat and Himanshu Rawat s/o late Shri Rajendra Singh Rawat.

The board vide CBR No. 2(2) dated 26-03-2014 has resolved to publish a public notice in at least two local newspaper at the cost of applicant for inviting objections within 30 days from the date of publication.

Accordingly objections were invited by publishing public notice in daily news paper regarding mutation in Sy. No. 99/102. Wherein, no objection is received by this office within the stipulated period. The admission deed has also been made with the applicant regarding mutation.

Hence the matter is placed before the CAC for mutation in Sy. No. 99/102.

Relevant file is placed on the table.

RESOLUTION

03. Considered. The committee has recommended that occupancy rights of GLR Sy. No. 99/102 be transferred in favour of Shri Neeraj Rawat, Shri Himanshu Rawat, Shri Pradeep Rawat sons of late Shri Rajendra Singh Rawat by way of inheritance by expunging the name of Shri Rajendra Singh Rawat. Mutation fee amounting to Rs. 500/- also be recovered.

04. ALLOTMENT OF WATER CONNECTIONS IN KUMPUR LALKURTI AREA.

To consider the matter regarding allotment of water connection at Kumpur Lalkurti Area.

OFFICE REPORT

It is submitted that a point regarding allotment of water connection at Kumpur Lalkurt Area was raised by Shri Sanjay Pant, Elected Member in the board meeting held on dated 9th Aug, 2018 in the other discussion points. In this connection the CEO instructed the work supervisor to prepare a detailed report on the same so that approval can be accorded in the next upcoming board meeting.

As per the above discussion point the work supervisor, Cantt Board Ranikhet inspected all private water pipelines through pressure vessel and monitored the water pressure & flow in water pipelines and it was found that only five connections can be allotted in Kumpur Lalkurti area.

Names of the applicant mentioned below:-

SR NO.

NAME OF APPLICANT

DATE OF APPLICATION

1

Smt. Maya Goyel

29-05-2013

2

Mr.Iqbal Hussain

10-01-2014

3

Mrs. Parwati Devi

04-03-2016

4

Mr. Deepak Kumar

04-03-2016

5

Mr. Yashpal Ram

30-05-2016

Hence the matter is placed before the Civil Area Committee for consideration.

Relevant file is placed on the table.

RESOLUTION

04. Considered and discussed. The committee recommended that the five water connections be allotted to the applicants mention in agenda side.

05. PREPARTION OF SWACHH SARVEKSHAN 2019 AND STAR RATING OF GARBAGE FREE CITIES

To consider the matter regarding preparation of Swachh Sarvekshan 2019 and star rating of Garbage free cities along with the contribution of Board members, Institutions and General Public.

OFFICE REPORT

It is submitted that Cantonment Board, Ranikhet had secured 03rd rank in the Swachh Survekshan 2018 in all India Cantonment Boards, organized by MoHUA. Further it is submitted that Swachh Survekshan 2019 and a new concept of “Star rating of Garbage free cities” has been announced. Last year Cantonment Board, Ranikhet could’nt achieved first position due to low score in the citizen feedback category.

In order to achieve 01st position in the upcoming Swachh Survekshan 2019, the contribution of Ward members, Institutions and general public towards awareness of cleanliness is necessary at every stage in all the programmes related to sanitation, especially in generating awareness about the survey so that marks on citizen feedback could be enhanced.

Hence the matter is placed before the Civil Area Committee for consideration.

RESOLUTION

05. Considered and discussed at length. The Civil Area Committee praised the work of Cantonment Board Ranikhet in achieving 3rd position in Swacch Survekshan 2018 through out the 62 Cantonment Boards, inspite of lack of fund. It was also informed by the CEO that the special grant for SAP (Swachhata Action Plan) for the year 2018-19 has not yet been received by the board till date. Further CAC recommended that the ward members should also participate in all Swachata Programmes and all ward members will create awareness amongst the residents of their respective wards about Swachh Survekshan 2019 because huge points fixed under citizen feedback category.

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