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TypeBare Act JurisdictionCentral Government

Cantonments Act, 1924 Section 138

Removal of Congested Buildings

~2 min read
https://sooperkanoon.com/act/13142

Bare act section · Research

About this section

Cantonments Act, 1924 Section 138 is part of Cantonments Act, 1924 - Removal of Congested Buildings. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) Where it appears to a1[Board] that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of-

(a) the Health Officer,

(b) the Civil Surgeon of the district, or, if his services are not available, some other medical officer2[in the service of the Government],

(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and

3[(d) Where the cantonment is a Class I or Class II cantonment, two non-official members of the Board, or where the cantonment is a Class III cantonment, one non-official member of the Board.]

(2) The committee shall make a report in writing to the1[Board] regarding the sanitary condition of the block, and, if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourhood or otherwise to endanger the public health, it shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which should in its opinion wholly or in part be removed in order to abate the unhealthy condition of the block.

(3) If, upon receipt of such report, the1[Board] is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them:

Provided that the1[Board] shall make compensation to the owners for any buildings so removed which may have been erected under proper authority:

Provided, further, that the1[Board] may, if it considers it equitable in the circumstances so to do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have been erected under proper authority.

(4) For the purposes of this section "buildings" includes enclosure, walls and fences appertaining to buildings.

________________________

1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by the A.O. 1937, for "of the Government".

3. Substituted by Act 24 of 1936, section 39, for the original clause.

Frequently asked questions

What does Cantonments Act, 1924 Section 138 provide?

Section Section 138 of the Cantonments Act, 1924 (Removal of Congested Buildings) is reproduced on this page as part of the Cantonments Act, 1924. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Cantonments Act, 1924 Section 138?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Cantonments Act, 1924 Section 138. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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