Declaration and notice that restrictions will be imposed
Section 3 of the Works of Defence Act, 1903 deals with declaration and notice that restrictions will be imposed. Whenever it appears to the [Central Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and ot The Act came into force on 20 Mar 1903.
(1) Whenever it appears to the 1[Central Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders.
(2) The said declaration shall be published in the Official Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality.
(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.
Section 3, The Works of Defence Act, 1903 (Act 7 of 1903).
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 9
- s. 2 Definitions
- s. 4 Power to do preliminary Acts after publication of notice under section 3, sub-section (2)
- s. 6 Further powers exercisable after publication of notice under section 3, sub-section (2)
- s. 7 Restrictions
- s. 9 Notice to persons interested
- s. 23 Matters to be considered in determining compensation
- s. 24 Matters not to be considered in determining compensation
- s. 35 Service of notices
- s. 39 Demolition of part of house or building and imposition of restrictions on part of land
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.
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Cantonment Board, Landour Mussoorie v. Sanjay Narang & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Judgement 2013-08-14 (order-10.pdf; body “14.08.2013” AFR matches index View Judgement): Central Government s.3 declaration (SRO 106) that restrictions in s.7(c) apply within ~50m of ITM Landour parapet is conclusive for keeping land free of buildings; “land” under s.2(a) includes existing buildings; Works of Defence Act operates independently of Cantonments Act deemed sanction.
On this section: s.3 Declaration and notice that restrictions will be imposed — gazette declaration under s.3 is the statutory trigger that brings the scheduled vicinity under the Act’s restriction regime.
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B.B. Yadav v. State of Haryana & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2006-08-04 (order-1.pdf): where Central Government has under s.3 declared restrictions (kept free from buildings) and s.7(b) limits construction within ~900m of Air Force explosive-area parapet, State acquisition for residential/commercial/institutional use of that land cannot achieve its stated public purpose and is a colourable exercise — notifications/award quashed (also independent s.5-A non-speaking objection failure).
On this section: s.3 Declaration and notice — the s.3 declaration that land near a work of defence must be kept free of buildings is the foundation that disables inconsistent acquisition purposes.
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.
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… DATE ON WHICH SUBMISSIONS ARE HEARD:FEBRUARY 20,2015 DATE OF PRONOUNCEMENT OF JUDGMENT : JUNE 8, 2015 JUDGMENT: ssp vs. 1 pil117 1 This Public Interest Litigation is filed for inviting attention of the Court to the alleged breaches committed of the directions issued in exercise of powers under sections 3 and 7 of the Works of Defence Act,1903 (for short "the said Act of 1903"). The said Act of 1903 has been enacted for imposing restrictions upon the use and enjoyment of lands in the vicinity of Works of defence. 2 The petitioners are the residents of city of Pune. There is an Aerodrome/ Air Force Station …
Questions about Section 3
What have the courts held on Section 3 of the Works of Defence Act?
Cantonment Board, Landour Mussoorie v. Sanjay Narang & Ors. (14 Aug 2013) is the leading judgment on this section among those set out below: s.3 Declaration and notice that restrictions will be imposed — gazette declaration under s.3 is the statutory trigger that brings the scheduled vicinity under the Act’s restriction regime. Another 1 judgment on this section is set out below. They run from 2006 to 2013.
How do I find court cases under Section 3 of the Works of Defence 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: Works Defence Act 1903 3, section 3 Works Defence Act 1903, section 3 of the Works of Defence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Cantonment Board, Landour Mussoorie v. Sanjay Narang & Ors. (14 Aug 2013).
What should I read with Section 3 of the Works of Defence Act, and has it changed?
Its own text turns on section 7 (Restrictions), so none of them can safely be read on its own. 9 other provisions in this corpus refer back to it.
When did Section 3 of the Works of Defence Act come into force?
Section 3 of the Works of Defence Act, cited as Works Defence Act 1903 3, came into force on 20 Mar 1903, having been enacted on 20 Mar 1903. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions703 words
- 7. Restrictions648 words
- 39. Demolition of part of house or building and imposition of restrictions on part of land439 words
- 9. Notice to persons interested395 words
- 6. Further powers exercisable after publication of notice under section 3, sub-section (2)377 words
- 31. Payment of compensation or deposit of same in Court318 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 19 Oct 2026. This page is not a substitute for legal advice.