Power to stop erection or re-erection or to demolish
Section 248 of the Cantonments Act, 2006 deals with power to stop erection or re-erection or to demolish. A Board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the Board considers that such erection or re-erection is an offence under section 247 and may, in any such case or The Act came into force on 18 Dec 2006.
(1) A Board may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the Board considers that such erection or re-erection is an offence under section 247 and may, in any such case or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 247, within twelve months of the completion of such erection or re-erection in like manner, direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re-erected:
Provided that the Board may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:
Provided further that the Board shall not, without the previous concurrence of the General Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.
(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order under section 238 sanctioning the erection or re-erection has been suspended by the General Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 58, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the General Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him:
Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the General Officer Commanding-in-Chief, the Command, has been communicated to him.
Section 248, 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
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Secunderabad Cantonment Board v. Narinder Kumar Dhingra
Court's Decision & Legal Precedent
s.248(1) notice to remove unauthorised construction is the executive gateway; appeal/suspension consequences are governed by ss.340–342. SC partly allowed Board appeals while clarifying appeal-admission precondition for stay. DATE-VERIFIED Final Order 10.04.2017 (order-25.pdf signed body).
On this section: s.248(1) removal notice remains the Board’s demolition/stop-work trigger subject to the Act’s appeal scheme.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
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.
-
… (O&M) 2 Singh, which led the learned Single Judge to observe that having merely an agreement to sell in her favour would not give the writ petitioner-appellant any valid document for transfer of title in her favour. Thus, she could not claim any remedy of appeal against the order passed under Section 248 of the Cantonments Act, 2006 (for short "the Act") and since the alleged vendors of the writ petitioner-appellant had not preferred any appeal, therefore, the demolition had been ordered regarding the unauthorized construction. The reference was made to the order dated 23.04.2009 and the fact that, thereafter, no …
-
… is claiming to be in possession on the basis of an unregistered document which cannot be taken into considerationas a valid document for transfer of title and its execution is denied for want of knowledge since the same was never informed to it as per law. It is also argued that a notice under Section 248 of the Cantonments Act, 2006, had initially been issued to Seema Narula and Sudesh Narula, vendors of the petitioner, and no appeal was filed against the said order. The petitioner at best has stepped into the shoes of her vendor in March 2013. She cannot claim any better title than what had already been vested in …
-
… has been refused, or has ceased to be available or has been suspended by the General Officer Commanding in Chief, the command, under Clause (b) of sub-Section 1 of Section 58 shall be punishable to fine which may extend to Rs 50,000/ and the cost of sealing the illegal construction and its demolition. 42. Section 248 of the Cantonments Act confers powers on the Board to stop the erection or re-erection of buildings or to demolish illegal and unauthorised buildings. Section 248 provides that the Cantonment Board can give notice in writing directing the owner, lessee or occupier of any land in a Cantonment to stop the erection or …
Questions about Section 248
What have the courts held on Section 248 of the Cantonments Act?
Secunderabad Cantonment Board v. Narinder Kumar Dhingra (10 Apr 2017) is the leading judgment on this section among those set out below: s.248(1) removal notice remains the Board’s demolition/stop-work trigger subject to the Act’s appeal scheme.
How do I find court cases under Section 248 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 248, section 248 Cantonments Act 2006, section 248 of the Cantonments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Secunderabad Cantonment Board v. Narinder Kumar Dhingra (10 Apr 2017).
What should I read with Section 248 of the Cantonments Act, and has it changed?
Its own text turns on section 58 (Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or otherwise), section 238 (Power of Board to sanction or refuse), section 247 (Illegal erection and re-erection), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 248 of the Cantonments Act come into force?
Section 248 of the Cantonments Act, cited as Cantonments Act 2006 248, 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 15 Oct 2026. This page is not a substitute for legal advice.