Power of Board to sanction or refuse
Section 238 of the Cantonments Act, 2006 deals with power of Board to sanction or refuse. The Board may either refuse to sanction the erection or re-erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:-- (a) the free passage or way to The Act came into force on 18 Dec 2006.
(1) The Board may either refuse to sanction the erection or re-erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:--
(a) the free passage or way to be left in front of the building;
(b) the space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire;
(c) the ventilation of the building, the minimum cubic area of the rooms and the number of height of the storeys of which the building may consist;
(d) the provision and position of drains, latrines, urinals, cesspools or other receptacles for filth;
(e) the level and width of the foundation, the level of the lowest floor and the stability of the structure;
(f) the line of frontage with neighbouring buildings if the building abuts on a street;
(g) the means to be provided for egress from the building in case of fire;
(h) the materials and method of construction to be used for external and party walls for rooms, floors, fire-places and chimneys;
(i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; and
(j) any other matter affecting the ventilation and sanitation of the buildings, and the person erecting or re-erecting the building shall obey all such written directions in every particular.
(2) The Board may refuse to sanction the erection or re-erection of any building on any grounds sufficient in the opinion of the Board affecting the particular building:
Provided that the Board shall refuse to accord sanction the erection or re-erection of any building if such erection or re-erection is not in conformity with any general scheme sanctioned under section 240.
(3) The Board, before sanctioning the erection or re-erection of a building on land which is under the management of the Defence Estates Officer, shall refer the application to the Defence Estates Officer for ascertaining whether there is any objection on the part of the Government to such erection or re-erection; and the Defence Estates Officer shall return the application together with his report thereon to the Board within thirty days after it has been received by him.
(4) The Board may refuse to sanction the erection or re-erection of any building--
(a) when the land on which it is proposed to erect or re-erect the building is held on a lease from the Government, if the erection or re-erection constitutes a breach of the terms of the lease; or
(b) when the land on which it is proposed to erect or re-erect the building is entrusted to the management of the Board by the Government if the erection or re-erection constitutes a breach of the terms of the entrustment of management or contravenes any of the instructions issued by the Government regarding the management of the land by the Board; or
(c) when the land on which it is proposed to erect or re-erect the building is not held on a lease from the Government, if the right to build on such land is in dispute between the person applying for sanction and the Government.
(5) If the Board decides to refuse to sanction the erection or re-erection of the building, it shall communicate in writing the reasons for such refusal to the person by whom notice was given.
(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has given the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the Board calls the attention of the Board to the neglect or omission, then, if such neglect or omission continues for a further period of fifteen days from the date of such communication the Board shall be deemed to have given sanction to the erection or re-erection, as the case may be:
Provided that, in any case to which the provisions of sub-section (3) apply, the period of one month herein specified shall be reckoned from the date on which the Board has received the report referred to in that sub-section.
Section 238, The Cantonments Act, 2006 (Act 41 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 7
- s. 237 Powers of Board under certain sections exercisable by Chief Executive Officer
- s. 239 Order of stoppage of building or works in certain cases and disposal of things removed
- s. 241 Compensation
- s. 242 Completion notice
- s. 247 Illegal erection and re-erection
- s. 248 Power to stop erection or re-erection or to demolish
- s. 342 Suspension of Action Pending Appeal
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… In that view of the matter, this Court is not inclined to go into the aspect as to whether the petitioner enquired with the respondent Board about the confirmation of the revised lay out with the Ministry of Defence Southern Command, Pune, or not. That apart, since the impugned order is appealable under Section 238 of the Cantonments Act, which is an efficacious and alternative remedy as per the statute, this Court is of the opinion that the Writ Petition as filed is not maintainable. 7. Accordingly, the Writ Petition is dismissed. 8. However, liberty is given to the petitioner to file an appeal against the impugned …
-
… In reply, Mr. S.P. Mahanta, learned Sr. counsel assisted by Ms. A. Thungwa, learned counsel for the respondents No. 4 & 5 submits that if at all the petitioner is aggrieved, he has a remedy under Section 340 of the Cantonments Act, 2006. Besides that, Schedule V at Serial No. 12 Section 238 of the Cantonments Act, 2006, it is mentioned where the appeal lies. Ms. A. Paul, learned Assistant Solicitor General, Government of India present before the Court also strongly objected that the land was allotted to one Mr. Nizamuddin and till date the land stands in the name of Mr. Nizamuddin and there is no …
-
… The question before this Court is also whether the compounding application could at all be filed without assailing the demolition order dated 20.04.1997, more particularly, when no prior permission was sought under Sections 144 and 238 of the Cantonments Act for raising the construction. The compounding is not a matter of right. In view of the above, we do not find any merit in this appeal and the same is hereby dismissed. However, in the interest of justice, learned Single Judge of this Court is requested to decide the petition itself within a …
Questions about Section 238
What does Section 238 of the Cantonments Act deal with?
Section 238 of the Cantonments Act is headed "Power of Board to sanction or refuse". The Board may either refuse to sanction the erection or re-erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:-- (a) the free passage or way to
How do I find court cases under Section 238 of the Cantonments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Cantonments Act 2006 238, section 238 Cantonments Act 2006, section 238 of the Cantonments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 238 of the Cantonments Act, and has it changed?
Its own text turns on section 240 (Power to sanction general scheme for prevention of overcrowding, etc), so none of them can safely be read on its own. 7 other provisions in this corpus refer back to it.
When did Section 238 of the Cantonments Act come into force?
Section 238 of the Cantonments Act, cited as Cantonments Act 2006 238, came into force on 18 Dec 2006, having been enacted on 13 Sep 2006. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2106 words
- 348. Power to make bye-laws1392 words
- 30. Interpretation1175 words
- 289. Penalty for causing nuisances993 words
- 283. Powers of entry and seizure755 words
- 64. Discretionary functions of Board736 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.