Telephone No.
2643400 (Civil)
No. 167/G/
Office of the Cantonment Board
Meerut dated
23
Sept’14.
To,
1. Maj Gen Sunil Yadav, YSM, GOC
2. Smt Shipra Rastogi
3. Brig Jaspal Singh
4. Dr. D.N. Yadav, CEO
5. Col Subodh Garg
6. Lt. Col Atul Puthia
7. Lt. Col. MS Chauhan, VSM
8. Shri Rakesh Tyagi, GE (S)
9. Shri SK Dubey, ADM (City)
10. Shri Prem Kumar
11. Shri Ajmal Kamal
12. Smt Beena Wadhwa
13. Smt Shashi
14. Shri Dinesh Goel
15. Shri Jagmohan
16. Shri Mamta Gupta
President
Vice President
Ex-Officio Member
Member Secretary
Member
Member
Member
Ex-Officio Member
Member
Member
Member
Member
Member
Member
Member
Member
Special Invitees :
1. Shri Rajendra Agarwal, Hon’ble MP
2. Shri Munquad Ali, Hon’ble MP
3. Shri Satya Prakash Agarwal, Hon’ble MLA
Special Invitee
-do-do-
Subject: ORDINARY MEETING OF CANTT BOARD MEERUT.
Sir/Madam,
Reference this office letter No.167/G/2174 dated 19.09.2014.
The Ordinary Cantonment Board meeting is scheduled to be held on
27.09.2014 at 1100 hours in the office of the Cantonment Board, Meerut. Agenda of
the meeting is appended below. Papers concerning the agenda will be available for
perusal of members during office working hours.
You are requested to attend the meeting accordingly.
Yours faithfully
Sd/-xxx
(Dr. DN YADAV)
CHIEF EXECUTIVE OFFICER
MEERUT CANTT
327.
OATH
Reference CBR No. 230 dated 09.06.2014 & CBR No. 286 dated 28.07.2014.
To administer oath of office and secrecy in accordance with the provisions u/s
17 of Cantonments Act, 2006 to Brig. Jaspal Singh, SEMO, MH Meerut on becoming
Ex-Officio Member of Cantt Board Meerut.
Board is informed that the SEMO is Ex-Officio Member of this Board by virtue
of the provisions u/s 12 of the Cantonments Act, 2006 but till date he has not
attended any meeting of the Board inspite of repeated information through agenda for
the meeting above referred.
328.
OATH
To administer oath of office and secrecy in accordance with the provisions u/s
17 of Cantonments Act, 2006 to Col Subodh Garg, Adm Comdt on becoming
Nominated Member of Cantt Board Meerut.
329.
CONFIRMATION OF CIVIL AREA COMMITTEE PROCEEDINGS
To confirm proceedings of Civil Area Committee held on 16.09.2014.
330.
CONFIRMATION OF FINANCE COMMITTEE PROCEEDINGS
To confirm proceedings of Finance Committee held on 16.09.2014 as the
agenda points have been deferred by the finance committee for consideration by the
Board, therefore Board may consider.
331.
ENGAGEMENT OF A CHARTERED ACCOUNTANT FOR IMPLEMENTATION
OF ACCRUAL BASED ACCOUNTING SYSTEM IN CANTT BOARD MEERUT.
Reference : CBR No.323 dated 28.07.2014.
To consider the report dated 12.08.2014 of Interview committee interviewing the
candidate for engagement of Chartered Accountant for implementation of Accrual
Based Accounting System (Double Entry) in Cantt Board Meerut.
OFFICE REPORT :
1. Board is informed that while considering the issue of selection of a
Chartered Accountant for the subject work, the Board vide CBR No.323 dt
28.07.2014 resolved that for interviewing the candidates for engagement of
honorary CA, CDA ( Army) Meerut Cantt be requested to nominate some
expert and the interview be carried out by the nominee of CDA ( A) , CEO
and one nominated member of the Board to be nominated by the PCB.
2. The PCB vide approval dated 07.08.2014 nominated Lt. Col. MS Chauhan
whereas, the CDA ( A) did not nominated any member however, CDA
deputed Shri Naveen Prakash, AAO to assist in selection process. Therefore,
the Interview Committee was constituted as under :i. Dr. DN Yadav, CEO-Chairperson ii. Shri D.S.Khatri, Jt CEO –Member
iii. Lt. Col MS Chauhan–Member iv.ShPradeep SinghalAcctt-Member
3. Accordingly, all 15 CA were called for interview on 12.08.2014 at 1530 hrs
in the office of the Cantonment Board Meerut. Out of 15, 14 CA appeared
before Interview Committee on 12.08.2014.
4. On the basis of Interview and experience of the Candidates, the Interview
Committee assisted by Shri Naveen Prakash AAO ( CDA Rep), has
recommended the following candidates ( CA) in order of merit :a.
b.
c.
d.
Sandeep Kr. Gupta & Associates ( S.No.01)
Shyam Lal Dadhichi & Associates (S.No.11)
Umakant Manju & Associates
(S.No.06)
Rati & Associates
(S.No.12)
-
1st
2nd
3rd
4th
Relevant file alongwith report of Committee is placed on the table.
Board is requested to consider & approve the engagement of CA Sandeep
Kr. Gupta & Associates stood at 1st position in the merit, intitially for one year
@ Rs.25000/- per month as honorarium.
332.
NOC FOR
CGH.
RENEWAL OF PASSPORT TO DR. ARADHANA PATHAK RMO,
To consider application dated 12/9/2014 received from Dr. Aradhana Pathak,
RMO Cantt General Hospital Meerut Cantt, requesting therein to issue No Objection
Certificate for renewal of her Passport as term of passport is expiring on 22/02/2015.
OFFICE REPORT
1.
It is submitted that Dr. Aradhana Pathak, RMO Cantt General Hospital Meerut
Cantt, vide application under reference has requested to grant NOC for renewal of her
Passport.
2.
In this connection, it is reported that the following points to be considered and
verified by the department :(a)
The nature of work the Govt servant is handing in the department and
other subsidiary factors like general behavior, associations etc.
(b)
Whether any disciplinary / vigilance case is pending or contemplated
against him.
(c)
Whether there are ground to believe that the applicant could figure
adversely on the security records of the Govt.
If the employee does not attract any of the above grounds, an `NOC’ may be
invariably issued in his/her favour.
3.
Board is informed that no condition as mentioned in para 2 is attract adversely
in case of Dr. Aradhana Pathak, RMO, therefore, NOC for renewal of passport
may be issued.
Relevant file alongwith office report is placed on the table.
Board is requested to consider and take a decision in the matter.
333.
PERFORMANCE OF SHRI MOHD ISA KHAN, CANTT BOARD ADVOCATE,
HIGH COURT, ALLAHABAD.
Ref: CBR No. 223 dated 30-04-2014.
To consider the office report dated 16-06-2014 regarding
Mohd. Isa Khan, Cantt Board Advocate at High Court Allahabad.
performance of Shri
Board is informed that Shri Mohd. Isa Khan has not been furnishing
information about cases pending in High Court Allahabad. The Tax Supdt had send
even many earlier letters and letter dated 22-04-2014, dated 11-06-2014, dated 1606-2014 but there was no response from Mohd. Isa Khan, Advocate till 31-07-2014.
During the checking on the Internet, The Tax Supdt has found that the following writs
have been disposed off by the Hon’ble High Court, Allahabad:
S/No. Name of
Institution
1
City
Vocational
Public
School
Property
No.
250/250A
Bungalow
Court No. and Name of
parties
Writ Tax 852 of 2009
and 853 of 2009
Cantonment Board Meerut
versus Addl. Distt Judge,
Spl Judge (SC/ST) And
others
2
Guru Teg 227
Bahadur
Bungalow
School
Writ Tax No. 1529 of 2007
Cantonment Board Meerut
versus Addl. Distt Judge
and others
3
Dewan
Writ Tax No. 1560 of 2011
220
Decision Date
10-04-2014
Writ petitions are
Dismissed but Mohd Isa
Khan did not intimate till
13.07.2014. Spl Appeals
are filed by the CEO and
the same are dismissed
due to delay in filing in
earlier writ as well as Spl
appeal.
24-04-2014
Writ petition is partly
Allowed and remand
back to Assessing
Authority but Mohd Isa
Khan did not intimate till
13.07.2014.
15-04-2014
Public
School
Bungalow
and 1561 of 2011
Cantonment Board Meerut
versus Daulat Dewan
Charitable Trust and others
Writ petition is allowed.
Matter is remanded back
to Cantt Board but Mohd
Isa Khan did not intimate
till 13.07.2014.
4
Pt
Deen 17
Pt
Dayal
Bungalow
Upadhyay
College,
Mall Road
Writ Tax No. 1450 of 2011
Cantonment Board Meerut
versus ADJ Meerut and
Yogesh Mohan
15-04-2014
Writ petition is allowed.
Matter is remanded back
to Cantt Board but Mohd
Isa Khan did not intimate
till date.
5
St Johns 117
School
Bungalow
Writ Tax No. 177 of 2013
Cantonment Board Meerut
versus St Johns School
25-04-2014
Writ petition is dismissed
with cost against Cantt
Board Meerut but Mohd
Isa Khan did not intimate
till 15.08.2014. Spl
Appeal is to be filed by
the CEO.
Mohd Isa Khan was advocate of the Cantonment Board for above cases but it is
very shocking that he did not intimate the Board about the order as mentioned above
in time which resultant delay in filing of spl Appeals. Even he had not forwarded
certified copies of any orders till 07.08.2014
In this way Mohd Isa Khan failed to provide services of advocate to the Board
with full integrity which caused severe loss to the Board being the matter of tax
collection. Hence, the Board may take a appropriate decision in accordance with CBR
under reference.
334.
REVISION OF GRADE PAY AND CHANGE OF DESIGNATION FROM
TRAINED COMPOUNDER TO PHARMASIST.
To consider application dated 04.12.2012 of Shri Sushil Kumar (Trained
Compounder) Cantt General Hospital Meerut Cantt requested therein for change of
designation from Compounder (Trained) to Pharmacist and also revision of grade pay
of Rs.2400 to Rs.2800 in the same pay band of Rs.5200-20200 in term of UP Govt GO
Nos.No.135/77-2-10-25(25)/PS/03 dated 03.11.2010 ( reg. change in designation) &
UP Govt GO No.1159/Panch-7-2011/sat-92/88 dated 28.04.2011 ( reg. revision of
grade pay).
OFFICE REPORT :
1. Board is informed that Shri Sushil Kumar was appointed as Compounder on
26.02.2009 in the pay scale of Rs.4000-100-6000 (pre-revised) which was
subsequently revised as per 6th pay commission report in band pay of Rs.520020200 + Grade Pay of Rs.2400. His qualification is Inter (Science) + 02 years0
diploma in Pharmacy. He also possesses Registration Certificate issued by UP
Pharmacy Council Lucknow.
2. The UP Govt vide GO Nos.No.135/77-2-10-25(25)/PS/03 dated 03.11.2010 has
changed the designation of Trained Compounder to Pharmacist.
3. Further, UP Govt vide GO No. 1159/Panch-7-2011/sat-92/88 dated
28.04.2011 has revised the grade pay for the post of Pharmacist from Rs.2400
to Rs.2800.
4. It is reported that as per Establishment Folder of Cantt Board Meerut, the post
of Compounder is equated with the post of Compounder/ Pharmacist ( Medical
and Public Health Department) of UP. The Minimum qualification for the post is
Inter ( Science) & Diploma in Pharmacy.
5. Board is also informed that Directorate DE HQ CC Lucknow vide letter
No.9883/LC-6 dated 27.02.2012 has also asked to intimate whether the
compounder of Cantt Boards have requested to change of designation from
Compounder to Pharmacist and whether it involve change in qualification. This
office has informed that Shri Sushil Kumar Compounder has requested for
change of designation from Compounder to Pharmacist and also to grant
revised grade pay of Rs. 2800 vide this office letter No.104/E/323 dated
05.07.2012.
6. It is recommended that proposal seeking sanction under rule 45-47 read with
rule 19-b of Cantt Account Code 1924 for grant of revised grade pay from
Rs.2400 to Rs.2800 w.e.f. 26.02.2009 and also change of designation from
Compounder to Pharmacist to Shri Sushil Kumar be forwarded to the GOC-inC, HQ CC Lucknow in term of UP Govt GOs referred above.
Relevant file alongwith UP Govt GOs is placed on the table.
Board may consider and take suitable decision in the matter.
335.
MOTION REGARDING BOOKING OF MARRIGE SITE NAMED “SANGAM”
SITUATED AT CANTT BOARD LAND IN B.NO 173, ABU LANE AND
“MANGLAM” SITUATED AT CANTT BOARD LAND IN B.NO. 180, ABU LANE,
MEERUT CANTT GIVEN BY SMT. MAMTA GUPTA MEMBER, CANTT BOARD.
Reference : CBR No 181 dated 04.03.2014.
The charges for booking of Marriage site developed by the Cantt Board, Meerut
land in B.No 173, Abu Lane, Meerut Cantt named as “ Sangam” and other at Cantt
Board land in B.No 180, Abu Lane, Meerut Cantt named as “Manglam” for the
welfare of the citizens of Meerut Cantonment were fixed by the Board under
resolution No.181 dated 04.03.2014.
Board is informed that the Cantonment Board, Meerut has developed the
Marriage site at Cantt Board land in B.No 173, Abu Lane, Meerut Cantt named as
“Sangam” and other at Cantt Board land in B.No 180, Abu Lane, Meerut Cantt
named as “Manglam” for the welfare of the citizens of Meerut Cantonment.
Presently approx 18-20 Marriage halls/ Vivah Mandap are being run illegally in the
residential Bunglow/properties in the Meerut Cantt. In this regard, the Board vide
CBR No 181 dated 04.03.2014 has resolved the Charges for booking of Manglam
and Sangam marriage places for the purpose of marriages, parties etc which are as
follows:
NAME
“Manglam”
“Sangam”
For uthavani
and
any
death
ceremony
for the both
sites
ADDRESS
CHARGES
PER DAY
B.No 180,
21000.00
Abu Lane,
Meerut
Cantt
B.No 173,
Abu Lane,
Meerut
Cantt
CONSY.
CHARGES
4000.00
SECURITY
(REFUNDABLE)
5000.00
18000.00
3000.00
5000.00
5100.00
---
---
The charges are very high and the poor people can not afford high charges. This
is the only reason that nobody is coming for booking of these marriage places.
Therefore, it should be reduced after review.
Relevant file with office report is put-up on the table.
Board may consider and take suitable decision in the matter.
336.
VOCATIONAL COURSES IN CAB INTER COLLEGE
To consider Expression of Interest from M/s Asia Pacific Institute of
Management, New Delhi and M/s Zee – Net Institute of Computer & Mobile
Technology, Meerut for providing of Vocational Computer Courses in CAB Inter College
for period of one year which is extendable for period of maximum 03 years.
OFFICE NOTE
Board is informed that the Board vide public notice No. Misc/G/Vocational
Courses/dated 5.8.2014 invited Expression of Interest(EOI) from reputed
agencies/institutes for providing vocational computer courses to the students of CAB
Inter College and others on 22.8.2014 after wide publicity in leading newspaper
namely Dainik Jagran dated 6.8.2014 for period of one year which is extendable
maximum period of 03 years.
As per public notice, 03 firms purchased EOI documents after depositing of Rs.
500/- each but only 02 firms submitted their technical bid and financial bid in the
office of Cantonment Board on 22.8.2014 up to 4PM. Due to submission of only two
EOI , the tender committee opened only technical bid on 22.8.2014 in presence of
interesting agencies and decided re-inviting of Expression of Interest. The sealed
financial bid kept in custody.
Board is further informed that the present contract for providing of vocational
computer courses in CAB Inter College has already expired on 19.9.2014. In case, the
matter to finalization of EOI for providing of vocational computer courses in CAB Inter
College is delayed, the present contract may be extended till finalization of EOI.
Relevant file No. Misc/G/Vocational Courses, Technical Bid, sealed Financial
Bid, EOI document are placed on the table.
Board may consider and take suitable decision in the matter.
337.
REVIEW OF PERFORMANCE OF REGULAR DOCTORS
Reference CBR No 317 dated 28.07.2014.
To assess the performance of 03 permanent doctors of Cantt General Hospital,
Meerut Cantt.
Board is informed that following doctors/specialists were engaged on contract
in Cantt General Hospital, Meerut Cantt:1. Dr. Aradhana Pathak, RMO
2. Dr. Anuradha Gupta, RMO
3. Dr. Aseem Rastogi, RMO Surgeon
MO I/c, Cantt General Hospital has been requested vide letter dated
21.06.2014 to submit his assessment report about the abovementioned
doctors/specialists. The report of the MO I/c is placed on the table.
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter.
338.
REVIEW OF PERFORMANCE OF CONTRACTUAL DOCTORS W.E.F. FEB’14
TO JUNE’14
To consider report dated 01.07.2014 forwarded by the MO I/c, Cantt General
Hospital, Meerut Cantt.
Board is informed that the MO I/c has given following data month wise
regarding performance of each contractual doctor:
Dr. Sanjay Maheshwari (ENT Specialist)
Date
14.02.2014 to 28.02.2014
March 2014
April 2014
May 2014
June 2014
Total
No. of Patient
95
658
505
446
185
1889
Dr. Anil Arora (Pediatrician)
Date
20.02.2014 to 28.02.2014
March 2014
April 2014
May 2014
June 2014
Total
No. of Patient
74
678
566
597
451
2366
Dr. Shalini Garg (Gynaecologist)
Date
No. of Patient
20.02.2014 to 28.02.2014
8
March 2014
246
April 2014
171
May 2014
269
June 2014
358
Total
1052
Dr. Jasmeet Gujral (Homeopath)
Date
No. of Patient
January 2014
275
February 2014
279
March 2014
357
April 2014
352
Total
1263
Dr. Anil Kumar Sharma (Orthopedic Surgeon)
Month
14.02.14 to 28.02.14
March 2014
April 2014
May 2014
June 2014
Total
No. of OPD Patient
432
880
763
755
800
3630
Plaster
1
3
3
4
3
14
Visits in ward
1
1
2
1
-5
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter.
339.
REVISION OF CHARGES OF OPD TICKET.
To consider revision of charges of OPD ticket for the patient visiting the
Cantonment General Hospital.
Board is informed that rates of OPD ticket were fixed by the Board in the year
2002 at Rs. 10/- per ticket per month. The RMO Cantt General Hospital during
meeting with the CEO has informed that due to increase in facilities in Cantt General
Hospital flow of patients has increased, now the patients from city area also are
visiting the Cantt General Hospital due to which it becomes very difficult to control the
crowd, therefore it is necessary that to identify the inhabitant of Cantt area it is
suggested by her that the charges of OPD ticket for patients other than Cantt area be
revised from Rs.10/- to Rs.20/- per ticket.
Relevant files are put up on the table.
Board may consider and take suitable decision in the matter.
340.
RECOGNITION OF UNION.
Reference CBR No 313 dated 28.07.2014.
To consider request dated 19.07.2014 received from Shri Raju Rondia, President
Chhavni Parishad Sangh Cantt board Meerut.
Board is informed that the union President has stated that the union is
registered under Indian Trade Union Act, 1926 at registration No. 9844 and he has
total 231 number of staff as members of the union.
Board is also informed that already Board has recognized to Trade Unions viz
Akhil Bhartiya Safai Mazdoor Congress and Chhavni Parisad Karamchari Union.
Relevant papers are put on the table.
Board may consider and take suitable decision in the matter.
341.
SCHOOL MANAGEMENT COMMITTEE
COLLEGE
PROCEEDINGS OF CAB INTER
To consider and approve the minutes of School Management Committee held on
25.05.2014 in CAB Inter College, Meerut Cantt.
Relevant proceedings alongwith office recommendations are placed on the table.
Board is requested to consider and take suitable decision in the matter.
342.
SCHOOL MANAGEMENT COMMITTEE PROCEEDINGS OF ADHARSHILA
PUBLIC SCHOOL
To consider and approve the minutes of School Management Committee held on
30.05.2014 & 31.07.2014 in Adharshila Public School, Meerut Cantt.
Relevant proceedings alongwith office recommendations are placed on the table.
Board is requested to consider and take suitable decision in the matter.
343.
SCHOOL MANAGEMENT COMMITTEE
PRIMARY SCHOOL.
PROCEEDINGS OF BC BAZAR
To consider and approve the minutes of School Management Committee held on
17.07.2014 & 27.08.2014 in CB Primary School, BC Bazar Meerut Cantt.
Relevant proceedings alongwith office recommendations are placed on the table.
Board is requested to consider and take suitable decision in the matter.
344.
SCHOOL MANAGEMENT
PRIMARY SCHOOL
COMMITTEE
PROCEEDINGS
OF
BI
BAZAR
To consider and approve the minutes of School Management Committee held on
26.07.2014 in CB Primary School, BI Bazar, Meerut Cantt.
Relevant proceedings alongwith office recommendations are placed on the table.
Board is requested to consider and take suitable decision in the matter.
345.
PROPOSED BUILDING PLAN IN R/O B.NO.212, CIRCULAR ROAD, MEERUT
CANTT
To consider the building application alongwith proposed building plan dated
31-07-2014 submitted by Shri Charan Kamal Singh Mann in r/o Bungalow No. 212
Circular Road, Meerut Cantt .
In this regard it is submitted that the applicant has earlier been submitted
proposed building plan. The building plan scrutinized by the technical staff and found
that the un-authorized construction is involved in the subject bungalow. The proposed
building plan returned to the applicant to comply this office letter but he did not
comply. In this circumstances it is submitted that the Board may requested forwarded
the same case to DEO Meerut Circle, Meerut Cantt to make joint inspection/
verification of unauthorized construction as the bungalow is situated outside notified
civil area under the management of DEO Meerut Circle, Meerut.
Relevant file is put up on the table.
Board is requested to consider and take decision in the matter.
346.
PROPOSED BUILDING PLAN IN RESPECT OF BUNGALOW NO. 300
CLEMENT STREET, MEERUT CANTT
Reference : CBR No. 151 dated 01-02-2014
To consider the complicated issue of building plan proposed in the site of
Bungalow No. 300 Clement Street, Meerut Cantt situated outside the notified civil area
under the management of DEO, Meerut Circle, Meerut Cantt.
The applicant Lt. Col DS Multani has submitted a building application u/s 235
of CA, 2006 seeking permission for making all new addition & alteration in bungalow
No.300 clement street, Meerut Cantt.
The proposed building plan of the above bungalow was scrutinized by the
technical staff and was placed before the Board.
The Board vide its CBR No. 268 dated 27-08-2009 considered and resolved that
in view of the definite objection on behalf of the DEO Meerut Circle, Meerut u/s 238
(3) of CA, 2006 from land point of view to the proposed addition/alteration in the
bungalow as the bungalow in question is residential as per GLR/Lease conditions and
the lessee is running a school therein, accordingly the proposed building plan is
rejected Accordingly this office vide letter No. Misc/1621/E 7A dated 07-09-2009
intimated to Shri DS Multani that the plan is rejected vide CBR No. 268 dated 27-082009 and the same letter has been received by Shri DS Multani on 08-09-2009.
Thereafter the applicant Shri DS Multani (Lt Col) re-submitted the proposed
building plan dated 09-05-2012 which was received in this office on 17-05-2012. The
same plan was forwarded to the DEO Meerut Circle, Meerut vide this office letter No
93/300/989/E7A dated 02-07-2012. The same was returned by the DEO vide letter
No. 1077/M/IV dated 04-07-2012. The applicant was intimated vide Cantt Board
office letter dated 13-07-2012 not to carry out any construction work in the subject
property.
The plan was scrutinized by the technical staff of this office. The matter was
placed before the Board vide its CBR No. 462 dated 10-04-2013 resolved that the
proposed plan be forwarded to the DEO Meerut Circle, Meerut for their comments u/s
283(3) of CA, 2006. Accordingly the plan was forwarded to the DEO vide this office
letter No. MCB/BLDG/ENGG/93/300/3443 dated 14-05-2013. The DEO vide letter
dated 21-05-2013 has returned the proposed plan with some observation and
requested to submit the same after removal of observation with complete documents
etc.
The matter was again referred to the DEO Meerut vide this office letter dated
06-06-2013. The DEO again raised observations vide letter dated 13-06-2013 which
were rectified and again forwarded the plan to the DEO vide this office letter dated
18-06-2013.
The DEO vide letter No. 1077/M/IV dated 18-072013 alongwith a report has
returned the building plan with definite objections from land point of view under
Section 238(3) of CA, 2006 as endorsed on the back side of the plan.
Moreover the matter was referred to the Board for taking decision on the
objections by the DEO Meerut Circle, Meerut Cantt.
Now the DEO Meerut Circle, Meerut vide their office letter No. 1077/M dated
11-10-2013 has returned the plan duly endorsed the NOC u/s 238 (3) of CA, 2006
and stated therein that a copy of building plan if sanctioned by the Cantt Board,
Meerut be sent to DEO for records. Surprisingly the NOC is endorsed just below the
above objection dated 18-07-2013.
The Board vide CBR No. 102 dated 26-11-2013 considered and resolved that
the building plan be returned to the DEO for seeking fresh endorsement in back side
of the plan as two endorsement. On different date for same situations & plan are
contrary, Board had further resolved to put up the matter before the Board, if fresh
plan is received from the DEO a fresh.
In compliance of CBR No. 102 dated 26-11-2013 the same was forwarded to the
DEO vide this office letter No. MCB/BLDG/ENGG/93/300/1468 dated 06-12-2013 for
comments u/s 238 (3) of CA, 2006.
The DEO vide letter No. 1077/M/IV dated 27-12-2013 alongwith a report has
returned the building plan endorsed NOC on the reverse of the same plan from land
point of view under Rule, 238 (3) of CA, 2006 to the proposed constructions vide there
endorsement on plan dated 11-10-2013 and 27-12-2013.
The Board vide CBR No. 151 dated 01-02-2014 considered and resolved that
the applicant be asked to submit fresh plan for consideration as the plan to submitted
fresh plan for consideration as the plan so submitted does not appear for residential
purpose and affidavit giving under taking that he will not use the residential bungalow
for any other purpose.
Accordingly this office vide letter No. MCB/BLDG/ENGG/93/300/298 dated
15-02-2014 intimated to Shri DS Multani to submit a fresh proposed building plan
alongwith an affidavit stating therein that the residential bungalow will not be used
other then residential purposes. In compliance of this office letter dated 15-02-2014
Lt. Col DS Multani vide his letter dated 25-02-2014 addressed to President
Cantonment Board, Meerut received in this office on same date with an affidavit
stating that the residential bungalow will not be used for other purpose. This office
vide letter dated 15-03-2014 and 03-04-2014 has also intimated to Shri DS Multani
to provide the information whether at present change of purpose by way of running
school/vivah mandap is involved in site in question so further decision could be taken
in the matter. In response to this office letter dated 03-04-2014 Shri DS Multani vide
another application dated 09-04-2014 has also stated that there is no change of
purpose and no school or vivah mandap is being run.
It has been reported by the Revenue Supdt that bungalow is being used for
marriage function and also a school named ‘Gurukul’ is being run in the bungalow.
Earlier the DEO Meerut Circle, Meerut vide his letters No.1077/M dated 18-10-2004
and No.1077/M dated 19-08-2009 addressed to Cantt Board had also rejected the
plan on the ground of running of school illegally in residential bungalow. The same
school is going on still.
Board is informed that Col D S Multani has also encroached Govt land & Street
by way of unauthorized parking during the marriage function/party organized in
property in question from time to time. In this regard notices regarding damage
charges bearing No. R/108/1320 dated 22-11-2013, R/108/1319 dated 23-11-2013
and No. R/108/384 dated 26-02-2014 were issued and notices No. R/108/1322 dated
23-11-2013 and No. R/108/1321 dated 23-11-2013 for stopping the loud music by
musical instruments/DJ after 10PM in premises in question were also issued. The
complaint was also lodged before the CJM, Meerut on 22-05-2014.
Relevant file is put up on the table.
Board is requested to consider and take decision in the matter.
347.
JUDGEMENT
To read and note the judgments awarded by the GOC-IN-CHIEF Central
Command Lucknow Cantt in respect of following cases:Sl.
No.
Name of Appellant
Date of
Judgment
Notice No./dated
1.
Appeal No.02/2011,Shri
Aqil Ahmed S/o Sehzad
, B.No. 240/ Part ,
Southend Road, Meerut
Cantt
01.07.2014
No.Misc/1930/E7A dated
15.11.2010
The above appeal has been Disposed-of by the Appellate authority, HQ
CC,Luckow Cantt. The offender approached on the Hon’ble High Court, Allahabad and
filed writ petition No.41282/2014 against demolition of unauthorized construction.
The Hon’ble High Court vide Order dated 08-08-2014 allowed the writ petition and
quashed the order passed by the CEO and Appellate Authority. As per legal opinion of
Advocate of Hon’ble High Court the review will be filed before the Hon’ble High Court,
Allahabad.
Complete files with relevant record placed on the table.
Board is requested to note the decision/Order of Hon’ble High Court,
Allahabad.
348.
JUDGEMENTS
To read and note the judgments awarded by the PD, DE Central Command
Lucknow Cantt in respect of following cases:Sl.
No.
1.
2.
3.
4
Name of Appellant
Date of Judgment
Notice No./dated
Appeal
No.63/2014Shri
Anil Kumar
S/oShri Jagdish
Lal House
No.239,Bakri
Mohalla B I Bazar,
Meerut Cantt
Appeal
No.170/2013Shri
Mukesh S/o Shri
Brij Lal
H.No.343,343/C/2
, Tandel Mohalla ,
B C , Meerut
Cantt
Appeal
No.39/2014Shri
Billey and Rakesh
SS/o Shri Munna
Lal Bungalow No
168/part Abu lane
Sadar , Meerut
Cantt
Appeal No.
46/2014 Smt
Sobha W/o Shri
Raju H.No.66
Tandel Mohalla B C
Bazar, Meerut
Cantt
07-07-2014
No.Misc/817/E7A
dated 20.08.2007. The
Hon’ble High Court
Allahabad vide order
dated
28-082014 passed in WP
No.45609/2014 has
allowed writ petition.
No.Misc/83/E7A
dated 15.01.2009
07-07-2014
10-07-2014
No.Misc/1876/E7A
dated 04.11.2008
06-08-2014
No. Misc/338/E7A
dated 18-06-2007
The above appeals have been Disposed-of by the Appellate authority, HQ CC,
Lucknow Cantt. It is recommended that notices u/s 320 of CA 2006 be issued in serial
No. 2, 3, & 4 to the offender for removal/demolition of the unauthorized construction
within seven days from the receipt of the notice. In serial No.1 Hon’ble High Court has
allowed writ petition and quashed the order of Cantt Board, Meerut/Appellate
Authority.
Complete files with relevant record placed on the table.
Board is requested to consider and take decision in the matter.
349.
DELIMITATION OF WARDS FOR ELECTION, RESERVATION FOR SC/ST
WARD AND WOMEN WARD.
Reference : CBR No. 325 dated 30-08-2014 and CBR No. 318 dated 28-07-
2014.
Board is informed that in compliance of above resolution, the Vice President
and all the Elected Members have considered the proposed delimitation during 01-092014 to 06-09-2014 taking copies of requiste document from the Office. The
committee of elected members discussed over the second option of proposed
delimitation other than that has been discussed by the Board on 30.08.14. The
proposed changes are discussed as under:
1. No change is proposed in ward 1, ward 2, ward 3.
2. Bungalow No. 166, 178, 274,276, 210, 210A, 210B, 210C, 210D, 212 to 214,
and Bungalow 305 are proposed to be cut from ward 4 and to be joined with
ward 7.
3.
.
Arvind Puri, Dharam Puri and Chowk Bazar are proposed to be cut from ward
6 and and to be joined with Ward 5.
4. Bungalow No. 257 from Ward 6 and Kerai Ganj (starting from H.No. 38 to
H.No. 247) from ward 8 are proposed to be cut and to be joined with ward 7.
5. Grass Farm, Grass Mandi are proposed to be cut from ward 7 and to be joined
with ward 8.
The voters ward wise as per second proposed delimitation may be as under:
Ward
No. 1
7660
Ward
No. 2
7469
Ward
No.3
6814
Ward
No. 4
7793
Ward
No. 5
7567
Ward
No. 6
8744
Ward
No. 7
7228
Ward
No. 8
7093
Total
60368
But the committee has not submitted the joint report in pursuance of CBR No.
325 dated 30-08-2014). But the following letters have been submitted by the members
in groups or individually :
1. Smt Shipra Rastogi, Vice President vide letter dated 06-09-2014 has
submitted that a block cannot be divided in to two or more wards while a
block is being divided in to more wards in the above ward delimitation.
2. Sri Prem Kumar, Member Ward No.1, Sri Ajmal Kamal, Member Ward No. 2,
Smt Been Wadhwa, Member Ward No. 3 & Smt Mamta Gupta, Member
Ward No. 7 vide letter dated 06-09-2014 have submitted that Census 2011
has not been notified by the Govt of India, Hence delimitation should be
decided on the basis of Census 2001 instead of Census 2011. They have
also submitted that if delimitation is necessary in compliance of DG DE
letter No. 76/38/Cantt Act/ DE/12/Vol/3 dated 07-08-2013 then they
would recommend and agree with the second proposed delimitation.
3. Sri Jagmohan, Member Ward No. 6 vide letter dated 05-09-2014 submitted
that Lok Sabha Election 2014 and Vidhan Sabha Election 2013 has been
completed on the basis of Census 2001 because Census 2011 has not been
notified in Gazette. Therefore, delimitation should be carried out on the
basis of Census 2001.
4. Sri Dinesh Goel, Member ward No. 5 vide letter dated 05-09-2014 has
submitted that the proposed delimitation considered by the Board vide CBR
No. 325 dated 30-08-2014 is correct and the same be forwarded to the
Central Govt for necessary notification.
5. Smt Sipra Rastogi, Vice President, Smt Shashi, Sri Prem Kumar, and Sri
Ajmal Kamal Members vide their joint letter dated 14-08-2014 have stated
that delimitation should be on the basis of Census 2001 they further stated
that delimitation on the basis of Census 2011 is not correct, they have
agreed with the delimitation found correct by the Hon’ble Supreme Court.
Board
is
also
informed
that
The
DG
DE
vide
letter
No.
76/38/Election/WR/GEN/C/DE14 dated 05-09-2014 as well as the PD DE vide letter
No. 11034/MRT/ SC ST Women/ Delimitaion 2014/20 dated 08-09-2014 have given
certain observation.
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter.
350.
RESERVATION FOR SC/ST WARD UNDER RULE 5 OF CANTONMENT
ELECTORAL RULES, 2007
Reference : This Office letter No. KAR/JANGANNA/1991 dated
29-08-2014.
It is submitted that in reply letter under reference Directorate of Census
Operations, Uttar Pradesh, Government of India, Ministry of Home Affairs vide letter
No. DCO-UP/D-9/DDU 311 dated 15-09-2014 has sent the Census Figures of Census
2011 including EB Level data for the purpose the reservation of SC Ward. Earlier this
figures has already been received through DG DE vide letter No. 76/38/CANTT
ACT/DE/12/VOL XIII DATED 07-08-2013.
The detail of ward wise SC population is as under:
Ward No.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Ward 8
Total
Total Population
SC Population
15973
1328
12114
2329
8918
1863
11476
2163
7496
778
20590
1435
9217
3098
7528
1283
93312
14277
Board is informed that in compliance of First Schedule under rule 5 of the
Cantonment Electoral Rules, 2007 the minimum percentage of SC Population to the
total population of the Cantonment required for reservation of one SC ward is 12%. On
the basis of above figures, the percentage of SC population to total population of the
Meerut Cantonment is 15.30. Hence, only One ward is to be reserved as SC ward.
It is further submitted that in terms of rule (5)(2) the Ward No. 7 has the
highest population of SC i.e. 3098 as mentioned above and same may be reserved as
SC ward.
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter.
351.
WRIT (TAX)
To consider the judgements and orders dated 24-04-2014 passed by the
Hon’ble Allahabad High Court in the Writ(Tax) No. 1529 of 2007 Cantonment Board
Meerut versus Addl Distt Judge, Meerut & Others.
It is submitted that the Annual Rental Value of B.No. 227 known as Guru Teg
Bahadur Public School, West End Road, Meerut Cantt had been finalised under
section 71(c) of the Cantonments Act, 1924 by the Cantt Board Meerut vide CBR No.
542 dated 13-12-2004 w.e.f. 01-04-2002 at Rs. 39,77,722.00 for the triennial period
2002-2005.
Accordingly a tax bill dated 10-01-2005 was issued demanding Rs.
13,16,781.00 towards House Tax and Rs. 6,85,824.00 towards Water Tax. The School
authorites preferred tax appeal No. 1 of 2005 against the bill dated 10-01-2005
challenging decision of Board before the Distt Judge Meerut and the same had been
disposed off vide order dated 26-05-2007 passed by the ADJ, Court No. 3, Meerut
allowing Tax Appeal No. 1 of 2005 and quashing the above Tax Bill dated 10-01-2005.
The Cantt Board Meerut had felt aggrieved by this order dated 26-05-2007 and filed
Writ(tax) No. 1529 of 2007 against the judgement and orders passed by the ADJ,
Court No. 3, Meerut before the Hon’ble High Court Allahabad.
In the result, the Hon’ble High Court Allahabad vide judgement and orders
dated 24-04-2014 has set aside the order dated 26-05-2007 passed by the ADJ
Meerut as well as assessment made by the Board directing the Cantt Board Meerut to
place the matter again before the Assessment Committee to re-consider for
assessment including the exigibility of tax upon occupier of Bungalow in question in
the light of various provisions of Act, 1924 read with section 99(2)(b) thereof and to
pass a fresh order.
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter.
352.
WRIT (TAX)
To consider the judgements and orders dated 15-04-2014 passed by the
Hon’ble Allahabad High Court in the Writ(Tax) No. 1560 of 2011 and 1561 of 2011
Cantonment Board Meerut versus Daulat Ram Dewan Charitable Trust and Addl Distt
Judge, Meerut.
It is submitted that the Annual Rental Value of B.No. 220 known as Dewan
Public School, West End Road, Meerut Cantt had been finalised by the Board vide
CBR No. 144 dated 15-05-2009 and CBR No. 145 dated 18-05-2009 at Rs.
41,10,762.00 for the triennial period 2002-2005 and at Rs. 68,53,724.00 for the
triennial period 2005-08.The Annual Rateable Value of B.No. 220 had been finalized
by the CEO under the Cantonments Act 2006 at Rs. 1,15,78,189.00 for the triennial
period 2008-11. .
Accordingly a bill dated 04-07-2009 was issued demanding Rs. 50,86,097.00
towards House Tax and Rs. 26,49,008.00 towards Water Tax. The School authorites
preferred tax appeal No. 4 of 2009 against aforesaid assessment of ARV for the period
2002-05 and 2005-2008 and tax appeal No. 5 of 2009 for the assessment of ARV for
the period 2008-11. Both these appeals were consolidated and learned Additional
District Judge, Court No. 18, Meerut has disposed off the same vide impugned
judgement dated 26-05-2011 deciding the ARV for triennial 2002-05, 2005-08 and
2008-11 at Rs. 5,20,000.00 and Rs. 6,50,000.00 and Rs 8,12,500.00 respectively and
directed the Cantt Board Meerut to return amount deposited by respondents after
adjusting the same in respect of Bungalow No. 220, West End Road Meerut Cantt.
The Cantt Board Meerut had felt aggrieved by the judgements and orders dated
26-05-2011 passed by the AdJ, Court No. 18, Meerut in tax appeal No. 4 of 2009 and
5 of 2009 Dewan Daulat Ram Dewan Charitable Trust versus Cantt Board Meerut and
filed Writ(tax) No. 1560 of 2011 and Writ(tax) No. 1561 of 2011 against the judgement
and orders.
In the result, the Hon’ble High Court Allahabad vide judgement and orders
dated 15-04-2014 has allowed Writ Petitions 1560 of 2011 and 1561 of 2011 and
remanded to Assessment Committee to comply with the directions as stated in the
judgement.
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter
353.
WRIT (TAX)
To consider the judgements and orders dated 15-04-2014 passed by the
Hon’ble Allahabad High Court in the Writ(Tax) No. 1450 of 2011 Cantonment Board
Meerut and versus Yogesh Mohan.
It is submitted that the Annual Rental Value of Bungalow No. 17(Part), Mall
Road known as Pt Deen Dayal Upadhyaya College had been finalised by the Board vide
resolution dated 04-01-2008 for the period 2002 to 2008 and accordingly a bill No. 5
dated 31-03-2009 for Rs. 5,23,470.00 on account of House Tax was issued to the
college authorities. The Yogesh Mohan of Bungalow/College in question preferred a tax
appeal No. 3 of 2010 Yogesh Mohan versus Cantonment Board Meerut agsinst the Bill
dated 31-03-2009 before the Distt Judge Meerut. The Additional Distt Judge, Court
No. 1, Meerut vide order dated 07-02-2011 has allowed the Tax appeal No. 3 of 2010
and cancelled tax bill No. 5 dated 31-03-2009.
The Cantt Board Meerut had felt aggrieved by the judgements and orders dated
07-02-2011 passed by the AdJ, Court No. 1, Meerut in tax appeal No. 3 of 2010 and
filed Writ(tax) No. 1450 of 2011 against the judgement and orders.
In the result, the Hon’ble High Court Allahabad vide judgement and orders
dated 15-04-2014 has set aside the order dated 07-02-2011 passed by the ADJ
Meerut as well as assessment made by the assessment Committee directing the Cantt
Board Meerut to place the matter again before the Assessment Committee to reconsider for assessment including the exigibility of tax upon occupier of Bungalow in
question in the light of various provisions of Act, 1924 read with section 99(2)(b)
thereof and section 111(2)(b) of Act 2006 and pass a reasoned order in accordance
with law.
354.
JUDGMENT AND ORDERS OF ADJ COURT NO. 3, MEERUT.
To consider judgement and orders dated 02-02-2013 passed by ADJ Court
No.3 , Meerut remanding back the case to Cantonment Board Meerut.
It is submitted that during the course of revision of assessment list for the
period 1981-84 the ARV of the Bungalow No. 65 was finalized as under :Bungalow
No.
Owner/Occupier Previous ARV
for 1981-84
(Rs.)
Proposed ARV
for 1981-84
(Rs.)
65
Mesonic Lodge
30,000.00
840.00
Finalized by
Assessment
Committee
1981-84
(Rs.)
30,000.00
It is further submitted that the secretary, Mesonic Lodge filed a Tax appeal
before the Upper District Magistrate (City), Meerut against the said tax assessment
finalized by the Cantonment Board Meerut the same had been allowed by the Court
vide judgement dated 08-.04-1983. Agrreived, The Cantonment Board filed a revision
against the judgement of appealate court and that was allowed by the Court
remanding the case back to the assessing authouriy i.e. the Cantonment Board
Meerut. The matter had been placed before the Board and who vide its resolution No.
14 dated 27-03-1985 finlaized the the ARV to Rs. 30,000.00 p.a. The secretary,
Mesonic Lodge filed a tax appeal No. 285 of 1985 in the Court of the District Judge,
Meerut against the assessment finalized vide CBR No. 14 dated 27-03-1985 and the
same had been dismissed by Court due to barred by limitation. Aggreived, the
Secretary, Mesonic Lodge filed a Civil Misc Writ Petition No. 1238 of 1987 Mesonic
Lodge versus IInd Additional District Judge, Meerut Cantonment Board, Meerut
through its President in the Hon’ble High Court, Allahabad against the judgement and
order dated 05-09-1987 passed in Tax Appeal No. 285 of 1985 by the Court of District
Judge, Meerut. The Hon’ble High Court, Allahabad vide its judgement and order dated
03-08-1994 remanded the case back to the Additional District Judge, Meerut to
proceed afresh according to law. The Case had been taken by the Additional District
Judge, Court No. 3, Meerut as Tax Appeal No. 26 of 2006 Mesonic Lodge Through its
Secretary versus Meerut Cantonment Board, Meerut through its President.
It is also intimated that the Court vide its judgement and order dated
02-02-2013 has allowed the Tax Appeal No. 26 of 2006 seting aside the assessment of
ARV of Rs. 30,000.00 p.a.and remanded back the case to the Cantonment Board,
Meerut
Relevant file is put up on the table.
Board may consider and take suitable decision in the matter
355.
IMPROVEMENT OF COMMUNICATION CONNECTIVITY
TOWERS/ ANTENNAS IN MEERUT CANTT.
BY
MOBILE
Reference: CBR No. 283 dated 09.06.2014
To consider the bids received for setting up of mobile communication Towers in
Meerut Cantt by providing land and space to the infrastructure providers / service
providers having license from Department of Telecommunications (DoT) for the
purpose in compliance of instructions and conditions circulated vide Dte DE letter No.
54533/LC-2 dated 17.08.2010 and Ministry of Defence, Govt of India letter
No.11026/1/2005/D(Lands) Dated 12.09.2008.
OFFICE REPORT
To resolve connectivity problems and as a disaster management program,
Technical & financial bids were invited from Independent Infrastructure providers &
Public sector, who have been granted license by the Department of
Telecommunications for the purpose. it is proposed that space be provided for
providing communication towers duly incorporating terms and conditions laid down
for the purpose. The EOI / bids under three categories for total 17 sites to be provided
have been considered vide CBR under reference.
The Board constituted a technical committee for checking of bids, evaluation as
per evaluation procedure and opening of bids and opening tof technical /financial
bids. Accordingly, the technical & financial bids have been received on 10.06.2014 and
opened by the technical committee on the same day at 4:00 hrs. Financial bids are not
opened as the same are to be opened after evaluation of the technical bids. Total 72
(Seventy two) tenders have been purchased by the following Infrastructure Providers/
firms;
1. American Tower Corporation Private Ltd. for all 17 sites
2. VIOM Networks for all 17 sites
3. Reliance Jio infocomm Limited for all 17 sites
4. Indus Towers for all 17 sites
5. Bharat Sanchar Nigam limited for 04 (four sites at Sr No.1,2,3 & 5 of
Category-1)
Board is intimated that VIOM Networks has not participated in any Bid and
requested to grant more time to submit the bids, American Tower Corporation Private
Ltd. has participated only for 04 sites. Reliance Jio have submitted late tenders/bids
by five minutes. Only two bids are received for each of 13 sites out of total 17 sites.
Board is intimated that in above circumstances sufficient numbers of bids are not
received to have competitive rates.
Relevant file is put up on the table.
Board is requested to consider and decide.
356.
APPROVAL OF RATES FOR ANNUAL MAINTENANCE CONTRACT FOR THE
YEAR 2014-15.
To consider the following rates quoted by the firms/Contractors for the annual
maintenance contracts for the following works during 2014-15.
S.
Budget head/ name of work
No.
Lowest
Reasonability
No.
of
firm/
Parti Contractor
cipan
ts
(1)
(2)
(3)
(4)
(5)
1.
AMC of Generator Sets of 05, 15, 25,
03
M/s United Over all lowest
75, 82.5 & 100 KVA capacity in Cantt
Trading
rates
are
Buildings
Engineers
reasonable
2.
Re-filling of Fire Exginguishers installed
04
M/s Pacific Lowest
rates
in Cantt Fund Buildings
Fire
are reasonable
System &
M/s
Unique
Traders
3.
Supply & fixing of Highmast Lightes
03
M/s
(Unipoles) in Cantt area
Sangam
585000/each
a. 20mtr height
Traders
479000/each
b. 12mtr height
4.
Running Maintenance Contract of
Pump Houses/ OHT’s at various water
supply installations in Cantt area
04
M/s
Shikha
Enterprises
5.
Annual Rate Contract fpr repair of
Tractor & Eicher Vehicle
03
M/s Mohd
Saied
6.
Annual rate Contract for TATA vehicle
model 1612
03
M/s Mohd.
Saied
7.
Annual rate Contract for TATA vehicle
model 1210
03
M/s Mohd.
Saied
8.
Annual rate Contract for TATA vehicle
model 709
03
M/s Mohd.
Saied
9.
Supply/installation/commissioning/tes
ting of VT Pump
1.Supply/installation/commissioning/
testing of VT pump set suitable for
300/350mm dia bore, water lubricated
make Chandra/Kirloskar /Jyoti having
3000LPM discharge at 50mtr head,
complete in all respect with 08 stage
200mm, SS impeller bowl assembly
flange type column assembly, MS line
shaft, SS top shaft, discharge head
assembly and suction pipe with stainer
(suitable to run with Kirloskar/Jyoti/
make 50 to 75HP at 440volt AC, 03
phase 50Hz, 1440rpm, motor) but
without motor, column pipe 27mtr
200mm MS, 7.1mm thick double flange
column pipe in length of 3mtr long
2. Labour charges for installation,
commissioning and testing of pumping
sets
03
M/s
Chandra
Pumps Pvt.
Ltd
1. Supply/installation & testing of
75HP/55KW 03 phase vertical hollow
03
10.
M/s
Chandra
rates are
reasonable
Rs.48360/Per pump per
month
Less 3% i.e.
1450.80 =
Rs.46909.20,
rates are
reasonable
Overall lowest
rates for eicher
vehicle are
reasonable
tender for
tractor are not
received
Overall lowest
rates are
reasonable
Overall lowest
rates are
reasonable
Overall lowest
rates are
reasonable
Rs.488750/
Rs.9500/ each
set.
the rates are
reasonable
563000/ each
set
shaft squirrel cage induction motor
suitable for 415V, 50Hz,AC supply fitted
with non reverse ratchet arrangement
confirms to IS 325 with insulation class
F temperature rise limited to class B
with IP 220 protection complete of
following make:
Pumps Pvt.
Ltd
a. Kirloskar
b. Jyoti
2. Supply/ installation & testing of
60HP/45KW 03 phase vertical hollow
shaft squirrel cage induction motor
suitable for 415V, 50Hz,AC supply fitted
with non reverse ratchet arrangement
confirms to IS 325 with insulation class
rise limited to class B with IP 220
protection complete of following make:
421000/ each
set
Rates are
reasonable
a. Kirloskar
Jyoti
11.
Supply & Installation of LED lights
03
a. Supply & Installation of Flood light IP
66 colour WH/ GN make: Bajaj / Havels
M/s
Sangam
Traders
30watt
9977
50watt
19995
100watt
34775
b. Supply & Installation of Street Light
IP 65 colour WH make: Bajaj / Havels
24watt
7950
48watt
12750
70/72watt
16970
90/96watt
12.
Annual Maintenance of Roundals,
Triangles, Land scapping & parks in
Cantt area
04
M/s
Sugandh
Nursery
13.
Repairing/painting of steel & wooden
furniture/medical equipments in CGH
03
M/s Ashok
Kumar
14.
Supply of RCC half round channels
03
M/s
Nutech
Industries
1. Supply of RCC half round channel
19750
rates are on
higher side
Over all lowest
rates quoted
are reasonable
Over all lowest
rates quoted
are reasonable
210 per mtr
(split) 150mm dia, 1mtr long As per IS
code 458
260 per mtr
Rates are
reasonable
2. Supply of RCC half round channel
(split) 200mm dia, 1mtr long As per IS
code 458
15.
Annual maintenance contract of India
Mark II Hand Pumps in Cantt area
02
M/s
Shikha
Enterprises
only 02
tenders have
been received
but the overall
rates are lower
then previous
year overall
approve rates,
the rates are
reasonable
16.
Supply of liquid chlorine
02
M/s Water only 02
Specialist
tenders have
(India)
been received
but the rates
are lower then
previous year
approved
rates, the
rates are
reasonable
OFFICE REPORT
Sealed tenders were invited though press advertisement published in local as
well as National News papers. Above mentioned tenders have been received on
22.05.2014 & 13.08.2014.
CEE & JE (E&M) reported that the lowest rates mentioned on S. No. 1, 2, 3, 4,
5, 6, 7, 8, 9, 10 & 12 lowest rates mentioned at S.No. 11 are on higher side, hence
tenders be re-invited and for the works mentioned at S.No. 15 & 16 only two tenders
have been received but the lowest rates quoted by the firms are lower than previous
year’s rates approved by the Board and are reasonable. AE & JE (C) reported that the
lowest rates mentioned on S. No. 13 & 14 are reasonable.
table.
Relevant files along with comparative statements/office reports are put on the
Board is requested to consider and decide.
357.
PURCHASE OF TRACTORS
To consider the DGS & D rates i.e. 513630/- per tractor quoted by M/s Escorts
Limited, Faridabad vide invoice dated 07.08.2014.
OFFICE REPORT
CEE & JE (E&M) have intimated vide report dated 11.08.2014 that Cantonment
Board having 03no tractors of 1962/1963 model. The requires major repairs. This
office has urgent requirement of 02no new tractors one for water supply and one for
garden.
Detail of the tractor is as under:
S.No. MODEL
PRODUCT NAME
1.
Powertrac
Powertract 439
439
VAT @ 5%
Accessories
Transportation (as per DGS&D R/C)
TOTAL
QNTY
01
RATES
470124.00
23506.00
16000.00
4000.00
513630.00
The firm has intimated that the price are valid till the new R/C as validity of
DGS & D Rate Contract was till 31.10.2013.
Relevant file is put up on the table.
Board is requested to consider and decide.
358.
APPROVAL OF ESTIMATES FOR MAINTENANCE WORK: 2014-15.
To consider and approve the estimates for the following maintenance works to
be undertaken during the year 2014-15.
S.No.
1.
2.
3.
NAME OF WORK
ESTIMATED
COST
Repairing of generator set 82.50KVA installed at Gandhi
Rs.135686.76
Bagh
Raising the pathway inside Sadar Sabji Mandi upto
Rs.4,56000/existing platform level to shift the displaced Sabji vendor
as resolved vide CBR No. 304 dated 28.07.2014
Repair of roads patch work through dense carpeting
Rs.5,50,000/-
The estimates prepared by Shri Arvind Gupta, JE (E&M), JE (C) & verified Shri
Anuj Singh, CEE & AE are placed on the table.
Necessary budget provisions exist in respective budget head D2 in the original
budget estimates for the year 2014-15.
Relevant file along with estimates are put up on the table.
Board is requested to consider and decide.
359.
TENDER FOR COLLECTION RIGHTS OF TOLL TAX FROM 06 POINTS
WITHIN MEERUT CANTT AREA FOR THE PERIOD OF ONE YEAR.
To consider highest bid of Rs.91,200/- per day quoted by Smt Anita Singh, W/o
Shri KP Singh, R/o B-84, Europian Estate, Kankar Khera, Byepass, Meerut for
collection of toll tax at 06 point within Meerut Cantonment for the period of one year.
OFFICE NOTE
Board is informed that the office has invited tenders for collection rights of toll
tax from 06 points within Meerut Cantonment for one year w.e.f. date of award of
contract after wide publicity in leading news papers namely Danik Jagran & Indian
Express. As per Bid Invitation Notice dated 03.09.2014 05 bid document were issued
after deposit of Rs.5,000/- per bid document and Technical & Financial Bids were
invited on 18.09.2014, 03 tenders were received in tender box and all three bidders
full fill all the requisite formalities. The financial bids were opened on 18.09.2014 at
1330 hours in the presence of bidders and Shri Ajmal Kamal (Elected Member). The
details of received financial bids are as under: 1. Shri Subodh Kumar
2. M/s Malik Traders
3. Smt Anita Singh
Rs.79,500/- per day.
Rs.83,000/- per day.
Rs.91,200/- per day.
Board is further informed that toll tax is collected by this office w.e.f. 18.07.2014
after surrender during mid term of contract from previous contractor Shri Praveen
Bansal on 17.07.2014 as per terms and conditions of contract which was
Rs.1,11,121/- per day. It is also informed that during the year 2013-14 contract of
Toll Tax was successfully running for Rs.90,000/- per day. Bids were invited after
wide publicity in leading news papers on 06.06.2014, 25.06.2014, 08.07.2014 &
16.07.2014 and only one bid on 08.07.2014 only for Rs.78,801/- was received from
M/s Malik Traders, which was not satisfactory.
The office is collecting toll tax form 18.07.2014 through regular and daily wages
staff and average collection of Toll Tax from 18.07.2014 to 17.09.2014 is 90,563/- Per
day. It is also informed that 70 daily wages employees and 23 permanent employees
are engaged for collection of toll tax for which approximate Rs. 20,000/- per day is
being incurred as expenditure.
Relevant file and auction register are placed on the table.
Board is request to consider and decide.
360.
SANITARY DIARY
To consider the Sanitary Diary for the month of June 2014 in respect of Meerut
Cantonment submitted by SEMO, Meerut.
The SEMO has submitted his suggestions/recommendations for improvement
of sanitation in Cantt area.
The Sanitary Diary is put up on the table.
MINUTES OF CIVIL AREA COMMITTEE
Minutes of postponed Civil Area Committee meeting held on 16.09.2014
at 1100 hours in the office of Cantonment Board Meerut.
Following were present :
12345678-
Smt. Shipra Rastogi, V.P.
Dr D N Yadav, CEO
Shri Prem Kumar
Shri Ajmal Kamal
Smt. Beena Wadhwa
Smt. Shashi
Shri Jagmohan
Mamta Gupta
Chairman.
Member Secretary
Elected Member
Elected Member
Elected Member
Elected Member
Elected Member
Elected Member
Following were absent:
123-
Brig. Jaspal Singh, SEMO
Ex- Officio Member
Shri Rakesh Tyagi, GE (South) Ex- Officio Member
Shri Dinesh Goel
Elected Member
210. MUTATION/RENEWAL OF LEASE.
To consider application dated 19.10.2012 for mutation and renewal of
lease submitted by Shri Lalit Mohan Pawha S/o Late Shri Dwarka Nath
requesting for mutation & renewal of lease in respect of property No. 302, 303,
303A, 303B, 303A/1 & 303B/1, Tandel Mohalla, Rajban Bazar, Meerut Cantt.
As per GLR House No. 302, 303, 303A, 303B, 303A/1 & 303B/1, Tandel
Mohalla, Rajban Bazar, Meerut Cantt comprising Survey No. 183/681 having
an area of 968.250 sqft. and recorded in the name of Shri Dwarka Nath S/o
Shri Har Kishan Dass on lease under Schedule VIII of CLA Rules, 1937 on
annual rent of Rs. 1.05 paisa. The lease has already expired on 16.12.2002.
The site is situated in the notified Civil area under the management of
Cantonment Board Meerut.
Originally the lease was granted in the year 1942 for a period of 30 years
on the option of renewal every 30 years total period for 90 years w.e.f.
17.12.1942 to 16.12.1972, thereafter, the Govt of India accorded sanction for
further 30 years w.e.f. 17.12.1972 to 16.12.2002. Now the last and final terms
w.e.f. 17.12.2002 to 16.12.2032 on the enhance rent of Rs. 1.60 is under
consideration.
The applicant became the owner of the property in question through
inheritance as stated in affidavit dated 26.09.2012 that his father Shri Dwarka
Nath (recorded HOR) expired on 21.03.2002 and his mother had also expired
on 04.08.1996 and after death of his father he and his 03 sisters became the
owner of the property in question and his sisters have surrender their rights in
the property in question in favour of their brother vide affidavit dated
26.09.2012.
A thirty days proclamation notice inviting objection was got published in
local News paper named Hindustan on 27.05.2014 inviting objection but no
objection received.
The Engineering Staff Cantonment Board Meerut has reported that There
are no u/a construction, sub-division of site and change of purpose but
encroachment on Govt land is involved.
It is recommended that the name of the applicant’s be entered in GLR
and Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date. A proposal for renewal of lease w.e.f.
17.12.2002 to 16.12.2032 on enhance rent of Rs. 1.60 be forwarded to the
higher authorities. This is without prejudice to the legal rights of Cantonment
Board, Meerut regarding removal of encroachment on Govt land.
Committee is requested to consider and take a decision in the matter.
210 Recommendation Considered and recommended that the name of
the applicant’s be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date. A proposal for renewal of lease w.e.f.
17.12.2002 to 16.12.2032 on enhance rent of Rs. 1.60 be forwarded to the
higher authorities. This is without prejudice to the legal rights of Cantonment
Board, Meerut regarding removal of encroachment on Govt land. The applicant
be directed to remove the encroachment to facilate the mutation process. This
is without prejudice to the legal rights of Cantonment Board, Meerut.
211. MUTATION/RENEWAL OF LEASE.
To consider application dated 17.06.2013 for mutation and renewal of
lease submitted by Smt Krishana Wadhwa W/o Late Shri Prem Chand
Wadhwa, Shri Arjun Dev, Shri Hans Raj Wadhwa and Shri Harish Wadhwa
Sons of Late Shri Govind Ram requesting for mutation & renewal of lease in
respect of property No. 348, Ghosi Mohalla, BI Bazar, Meerut Cantt.
As per GLR House No. 348, Ghosi Mohalla, BI Bazar, Meerut Cantt
comprising Survey No. 249/847/1 having an area of 592.500 sqft. and
recorded in the name of Shri Govind Ram S/o Shri Ganesh DAs on lease under
Schedule VII of CLA Rules, 1925 on annual rent of Rs. 4.59 paisa. The lease
has already expired on 30.06.1992. The site is situated in the notified Civil area
under the management of Cantonment Board Meerut.
Originally the lease was granted in the year 1932 for a period of 30 years
on the option of renewal every 30 years total period for 90 years w.e.f. 01.07.32
to 30.06.1962, thereafter, the Govt of India accorded sanction for further 30
years w.e.f. 01.07.1962 to 30.06.1992. Now the last and final terms w.e.f.
01.07.92 to 30.06.2022 on the enhance rent of Rs. 6.90 is under consideration.
As per affidavits submitted by the legal heirs of recorded lessee Shri
Govind Ram left behind 04 sons and 01 daughter namely S/Shri Prem Chand
Wadhwa, Arjun Dev Wadhwa, Harish Wadhwa, Hans Raj and Smt Niramal.
Shri Arjun Dev Wadhwa, Shri Harish Wadhwa and Shri Hans Raj Wadhwa vide
affidavit dated 15.06.13 has stated that after death of their father, Shri Govind
Ram (Recorded HOR) on 30.01.92 and mother Smt Bhagwan Devi W/o Shri
Govind Ram on 17.11.95, they became the owner of the property in question.
Smt Krishana Wadhwa W/o Late Shri Prem Chand Wadhwa S/o Shri
Govind Ram vide affidavit dated 15.06.2013 has stated that her husband has
expired on 27.11.2003 and his son and daughter and Smt Nirmal D/o Late
shri Govind Ram have surrender their rights in property in question in favour
of applicants, as such, all the applicant became the owner of the property in
question and their name be entered in the record of Cantonment Board in
place of Shri Govind Ram.
A thirty days proclamation notice inviting objection was got published in
local News paper named Hindustan on 27.05.2014 inviting objection but no
objection received.
The Engineering Staff Cantonment Board Meerut has reported that there
is no sub-division of site, u/a construction and change of purpose but
encroachment on Govt land is involved.
It is recommended that the name of the applicant’s be entered in GLR
and Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date. A proposal for renewal of lease w.e.f.
01.07.92 to 30.06.22 on enhance rent of Rs. 6.90 be forwarded to the higher
authorities.
Committee is requested to consider and take a decision in the matter.
211. Recommendation Considered and recommended that the name of
the applicant’s be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date. A proposal for renewal of lease w.e.f.
01.07.92 to 30.06.22 on enhance rent of Rs. 6.90 be forwarded to the higher
authorities. The applicant be directed to remove the encroachment to facilate
the mutation process. This is without prejudice to the legal rights of
Cantonment Board, Meerut.
212. MUTATION
To consider mutation application dated 08.02.2013 submitted by Smt
Kanta Khanna W/o Shri Tilak Raj requesting for mutation in respect of
Property No. 454, Ghosi Mohalla, BI Bazar Meerut Cantt alongwith copy of
registered will.
As per GLR House No.454-454A, Lajpat Puri, BI Bazar, Meerut Cantt
comprising Sy. No.249/731 having an area of 853.870 sq ft. and recorded in
the name of Shri Tilak Raj S/o Shri Barkat Ram on lease terms under
Schedule VI of CLA Rules, 1925. The site is situated inside the notified civil
area under the management of Cantonment Board, Meerut. The date of expiry
of lease is 30.04.2022.
The applicant became the owner of the property in question through
registered will dt 11.6.86 executed by Sh Tilak Raj S/o Barkat Ram (Recorded
HOR) in favour of applicant (wife). Sh Tilak Raj was expired on 11.12.12.
Proclamation notice was got published in news paper namely Hindustan on
27.5.2014 inviting objection, but no objection received.
The Engineering Staff Cantonment Board Meerut has reported that There
are no u/a construction, sub-division of site and change of purpose but
encroachment on Govt land is involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered
admitting the terms and conditions of existing lease. This is without prejudice
to the legal rights of Cantonment Board, Meerut regarding removal of
encroachment on Govt land.
Committee is requested to consider and take a decision in the matter.
212. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered admitting
the terms and conditions of existing lease. This is without prejudice to the legal
rights of Cantonment Board, Meerut regarding removal of encroachment on
Govt land. The applicant be directed to remove the encroachment to facilate the
mutation process. This is without prejudice to the legal rights of Cantonment
Board, Meerut.
213. MUTATION
To consider mutation application dated 16.06.2012 submitted by Shri
Anil Kumar Mittal S/o Late Shri Shyam Sunder Mittal requesting for mutation
in respect of Property No. 87-92, Kabari Bazar, Sadar Meerut Cantt alongwith
copy of registered will.
As per GLR Houses No.87-92, Kabari Bazar, Sadar, Meerut Cantt
comprising Sy. No.357/350 having an area of 2445 sq ft. and recorded in the
name of (1) Shri Anil Kumar S/o Shri Shyam Sunder Mittal (2) Smt Kailash
Wati W/o Shri Shyam Sunder Mittal on old grant terms. The site is situated
inside the notified civil area under the management of Cantt Board, Meerut.
The applicant is co-recorded HOR of the property in question and other
co-recorded HOR Smt Kailash Wati mother of applicant had executed a
registered will on 30.03.2001 in favour of applicant that after her death, her
son Shri Anil Kumar will be the owner of the property in question. Smt Kailash
Wati was expired on 13.03.1994.
Shri Anil Kumar vide affidavit dated 17.06.2013 has stated that name of his
mother Smt Kailash Wati is jointly recorded in the record of Cantonment Board
Meerut and his mother had executed registered will in favour of him and she
has expired on 13.03.1994. As such, he became of sole owner of the property in
question and name of his mother be deleted in the record of Cantonment Board
Meerut and his name be entered as a sole owner of the property in question.
Proclamation notice was got published in news paper namely Hindustan
on 27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
are no u/a construction and sub-division of site but encroachment and change
of purpose are involved. The area as per site comes 2564 Sqft. And as per GLR
2445 Sqft.
It is recommended that the name of the applicant be entered in Tax
register on recorded area for tax purpose only due to change of purpose is
involved subject to deposit of Rs 500/- on account of maintenance of property
record as per CBR No. 9 dated 13.02.2012, payment of House Tax/ Water Tax
upto date and admission deed duly registered and declaration deed duly
notarized. This is without prejudice to the legal rights of Cantonment Board,
Meerut regarding removal of encroachment on Govt land.
Committee is requested to consider and take a decision in the matter.
213. Recommendation Considered and recommended that the name of
the applicant be entered in Tax register on recorded area for tax purpose only
due to change of purpose is involved subject to deposit of Rs 500/- on account
of maintenance of property record, payment of House Tax/ Water Tax upto date
and admission deed duly registered and declaration deed duly notarized. This
is without prejudice to the legal rights of Cantonment Board, Meerut regarding
removal of encroachment on Govt land. The applicant be directed to remove the
encroachment to facilate the mutation process. This is without prejudice to the
legal rights of Cantonment Board, Meerut.
Further recommended that matter be referred to the higher authorities for
further necessary directions in the matter.
214. MUTATION
To consider mutation application dated 20.06.2013 submitted by Smt
Meenu W/o Late Shri Jagmohan Goel, Shri Daya Nand Gupta and Shri Arun
Goel Sons of Shri Nathu Mal requesting for mutation in respect of Property No.
270, Kabari Bazar, Sadar Meerut Cantt alongwith copy of un-registered will.
As per GLR House No. 270, Kabari Bazar, Sadar, Meerut Cantt
comprising Sy. No.357/27/2 having an area of 2038 sq ft. and recorded in the
name of S/Shri Daya Nand gupta, Jag Mohan Gupta, Arun Kumar Gupta SS/o
Shri Nathu Mal on old grant terms. The site is situated inside the notified civil
area under the management of Cantonment Board, Meerut.
One of the co-recorded HOR Shri Jag Mohan Goel expired on 17.01.2013
and his wife jointly applied with co-recorded HOR for enter her name in place
of her husband Shri Jagmohan Goel on the basis of un-registered will dated
03.11.2012 executed by Shri Jag Mohan in favour of Smt Meenu (wife). Smt
Meenu also submitted an affidavit dated 18.06.2013 stating therein that after
death of her husband she became the owner of share of their part in the
property in question and her name be entered in place of her husband in the
record of Cantonment Board.
Proclamation notice was got published in news paper namely Hindustan
on 27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there is no encroachment on Govt land but U/a construction, Sub-division of
Site and Change of purpose are involved.
It is recommended that the name of the applicants be entered in Tax
register for tax purpose only due to sub-divison and change of purpose on
recorded area subject to deposit of Rs 500/- on account of maintenance of
property record as per CBR No. 9 dated 13.02.2012, payment of House Tax/
Water Tax upto date and admission deed duly registered and declaration deed
duly notarized. This is without prejudice to the legal rights of Cantonment
Board, Meerut regarding removal of u/a construction at site.
Committee is requested to consider and take a decision in the matter.
214. Recommendation Considered and recommended that the name of
the applicants be entered in Tax register for tax purpose only due to subdivison and change of purpose on recorded area subject to deposit of Rs 500/on account of maintenance of property, payment of House Tax/ Water Tax upto
date and admission deed duly registered and declaration deed duly notarized.
This is without prejudice to the legal rights of Cantonment Board, Meerut
regarding removal of u/a construction at site.
215. MUTATION
To consider mutation application dated 10.06.2013 submitted by Smt
Pushpa Sharma W/o Late Shri Rajesh Sharma requesting for mutation in
respect of Property No. 233 & 234A, Prithvirraj Puri (Bakri Mohalla), BI Bazar
Meerut Cantt alongwith copy of un-registered wills and affidavits etc.
As per GLR Houses No. 233 & 234A, Prithviraj Puri, Bakri Mohalla, BI
Bazar, Meerut Cantt comprising Sy. No.249/11 having an area of 420 sq ft.
and recorded in the name of Pt Bhana Dutt S/o Pt Gian Chand on old grant
terms. The site is situated inside the notified civil area under the management
of Cantonment Board, Meerut.
The applicant became the owner of the property in question in heritance
as stated in affidavit dated 23.05.2013 and application dated 25.03.2014. That
her father-in-law Shri Om Prakash Sharma became the owner of the property
in question through inheritance from their father in law Shri Bhola Dutt
(Recorded HOR).
The applicant stated that her father-in-law and mother-in-law expired in
year 1997 and 2004 and Shri Om Prakash Sharma left behind 03 sons and 03
daughters namely Shri Rajesh Sharma, Shri Sunil Sharma, Shri Amrit
Sharma, Smt Sunita Sharma, Smt Meenakshi Sharma and Smt Anjana
Sharma and Shri Rajesh Sharma (husband of the applicant) expired in year
2013. The other legal heirs of Shri Om Prakash Sharma named above have
surrender their rights in the property in question through affidavits dated
25.05.2013.
She has further stated that after death of her father-in-law Shri Om
Prakash Sharma, Smt Vimal Sharma W/o Shri Om Prakash Sharma became
the owner of the property in question and she executed unregistered will dated
10.09.2001 in favour of her husband Shri Rajesh Sharma. Shri Rajesh Sharma
also executed unregistered will dated 29.12.2012 in favour of her (applicant).
The other legal heirs of Shri Rajesh Sharma have also surrender their rights in
the property in question in favour of their mother Smt Pusha Sharma
(applicant) vide affidavits dated 23.05.2013.
Proclamation notice was got published in news paper namely Hindustan
on 27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no sub-division of site and change of purpose but u/a construction
and encroachment on Govt land are involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized. The applicant be also directed to submit
affidavit stating that Shri Bhana Mal and Shri Bhola Dutt are same persons.
This is without prejudice to the legal rights of Cantonment Board, Meerut
regarding removal of encroachment on Govt land and demolition of u/a
construction.
Committee is requested to consider and take a decision in the matter.
215. Recommendation Considered and recommended that name of the
applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on a/c of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized. The applicant be also directed to submit
affidavit stating that Shri Bhana Dutt and Shri Bhola Dutt are same persons.
This is without prejudice to the legal rights of Cantonment Board, Meerut
regarding removal of ench on Govt land and demolition of u/a construction.
The applicant be directed to remove the encroachment and u/a construction to
facilate the mutation process. This is without prejudice to the legal rights of
Cantonment Board, Meerut.
216. MUTATION
To consider mutation application dated 25.03.2013 submitted by Smt
Rajat Rekha Cairae W/o Shri Ashok Mohan Carirae and Smt Kanak Saxena
W/o Late Shri Ajit Kumar Saxena requesting for mutation in respect of
Property No. 171A, Abu Lane, Meerut Cantt alongwith affidavit and copy of
registered will.
As per GLR the site described as Dwelling house in Bungalow No. 171-A,
Abu lane, Meerut Cantt comprising Sy. No. 357/1752/A having an area of
4312 sq ft. and recorded in the name of Shri DM Sinha S/o Shri M Jia Lal on
lease terms under Schedule VIII of CLA Rules, 1937. The site is situated inside
the notified civil area under the management of Cantonment Board, Meerut.
The date of expiry of lease as mentioned in GLR is 12.05.1994. It is informed
that Govt of India accorded sanction for further renewal of lease vide letter
dated 26.02.1996 and the lessee execute the lease deed duly registered with
the office of sub-registrar dated 19.04.1996 w.e.f. 13.05.1994 to 12.05.2024
but the same was not entered in the GLR at that time.
The applicants became the owner of the property in question through
registered will dated 30.06.2009 executed by Shri DM Sinha (recorded HOR) in
favour of their daughters (applicants). Shri DM Sinha was expired on 23.02.13.
Proclamation notice was got published in news paper namely Janvani on
13.6.2013 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no u/a construction, encroachment, sub-division of site and change
of purpose are involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered
admitting the terms and conditions of existing lease. The details of execution of
lease deed duly registered as per sanctioned of the competent authority w.e.f.
13.05.1994 to 12.05.2024 be also entered in GLR.
Committee is requested to consider and take a decision in the matter.
216. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered admitting
the terms and conditions of existing lease. The details of execution of lease
deed duly registered as per sanctioned of the competent authority w.e.f.
13.05.1994 to 12.05.2024 be also entered in GLR.
217. MUTATION
To consider mutation application dated 17.12.2007 submitted by Smt
Raj Rani Aggarwal W/o Shri GK Aggarwal requesting for mutation in respect of
Property No. 34-35, Ranjeet Puri, Sadar, Meerut Cantt alongwith copy of Court
order.
As per GLR the site described as Shop Nos. 34 & 35, Ranjeet Puri, Sadar,
Meerut Cantt comprising Sy. No. 357/1010 having an area of 396 sq ft. and
recorded in the name of Shri Budh Singh and Shanker Lal S/o Kanhaiya Lal
on old grant terms. The site is situated inside the notified civil area under the
management of Cantonment Board, Meerut.
The applicant became the owner of the property in question through oral
family settlement dated 19.05.1989 between family members/legal heirs of
recorded HOR and as per family settlement the property in question came into
the share of the applicant. The Hon’ble Court of 3rd Civil Judge, Meerut vide
order dated 07.08.1992 passed in OS No. 235/1990 Surender Kumar and
another Vs. Mool Chand & 09 others has also confirmed that the applicant is
absolute owner of property No. 34 & 35, Machli Bazar, Sadar, Meerut Cantt. In
para 6 of plaint of suit, it has been stated that the applicant became the
exclusive owner of said premises and remaining parties have no concern with
the same.
Proclamation notice was got published in news paper namely Hindustan
on 27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no u/a construction and sub-division of site but encroachment and
change of purpose are involved.
It is recommended that the name of the applicant be entered in Tax
register for tax purpose only due to change of purpose is involved on recorded
area subject to deposit of Rs 500/- on account of maintenance of property
record as per CBR No. 9 dated 13.02.2012, payment of House Tax/ Water Tax
upto date and admission deed duly registered admitting and declaration deed
duly notarized. This is without prejudice to the legal rights of Cantonment
Board, Meerut regarding removal of encroachment on Govt land.
Committee is requested to consider and take a decision in the matter.
217. Recommendation Considered and recommended that the name of
the applicant be entered in Tax register for tax purpose only due to change of
purpose is involved on recorded area subject to deposit of Rs 500/- on account
of maintenance of property record, payment of House Tax/ Water Tax upto date
and admission deed duly registered admitting and declaration deed duly
notarized. This is without prejudice to the legal rights of Cantonment Board,
Meerut regarding removal of encroachment on Govt land. The applicant be
directed to remove the encroachment to facilate the mutation process. This is
without prejudice to the legal rights of Cantonment Board, Meerut.
218. MUTATION
To consider mutation application dated 24.10.2013 submitted by Smt
Sumitra Devi W/o Late Shri Sarwan Lal requesting for mutation in respect of
Property No. 448, Tandel Mohalla, Rajban Bazar, Meerut Cantt alongwith copy
of affidavit etc.
As per GLR the site described as House No. 448, Tandel Mohalla, BC
Bazar, Meerut Cantt comprising Sy. No. 183/722 having an area of 510 sq ft.
and recorded in the name of Shri Sarwan Lal S/o Shri Jhamman Lal on old
grant terms. The site is situated inside the notified civil area under the
management of Cantonment Board, Meerut.
The applicant became the owner of the property in question through
inheritance as stated in affidavit dated 09.10.2013 that property in question is
recorded in the name of her husband Shri Sarwan Lal and he has expired on
02.02.2007. Shri Sarwan Lal left behind the deponent, four sons and 03
daughters as legal heirs. She has also stated that my sons and daughters have
surrender their rights in the property in question in my favour vide affidavit
dated 09.10.2013 and the same is available on record.
Proclamation notice was got published in news paper namely Hindustan on
27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no u/a construction, encroachment, sub-division of site and change
of purpose are involved. The site is being collapsed partly.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered
admitting and declaration deed duly notarized.
Committee is requested to consider and take a decision in the matter.
218. Recommendation Shri Kamal Singh Yadav called before the
committee for clarification regarding site in question. He informed that there
are only 02 walls standing at site and no one is residing in property in question
and there are no roof also in the property in question. The matter is pend for
further scrutiny of record/site.
Further recommended that show cause notice be issued to Shri Kamal
Singh Yadav.
219. MUTATION
To consider mutation application dated 28.03.12 submitted by Sh Ajay
Pal Tyagi S/o Sh Raghunath Prasad Tyagi requesting for mutation in respect
of Property No. 135, Arvind Puri, Sadar, Meerut Cantt alongwith copy of will
etc.
As per GLR the site described as House No. 135, Arvind Puri, Sadar,
Meerut Cantt comprising Sy. No. 357/766 having an area of 1073 sq ft. and
recorded in the name of Shri Raghunath Prasad Tyagi S/o Sh Man Phool Tyagi
on old grant terms. The site is situated inside the notified civil area under the
management of Cantonment Board, Meerut.
The applicant became the owner of the property in question through
inheritance as stated in affidavit dated 27.03.2012 that property in question is
recorded in the name of his father Shri Raghunath Prasad Tyagi and he has
executed a will dated 25.07.2000 in favour of him and Shri Raghunath Prasa
Tyagi was expired on 27.10.2006. Shri Raghunath Prasad (recorded HOR) has
executed an unregistered will dated 25.07.2000 in favour of his son (applicant).
Proclamation notice was got published in news paper namely Hindustan on
27.5.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
are no encroachment, sub-division of site and change of purpose but u/a
construction is involved. The area as per GLR is 1073 Sqft and at site and
submitted plan comes 1115 Sqft.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered
admitting and declaration deed duly notarized. This is without prejudice to the
legal rights of Cantonment Board Meerut regarding removal of u/a
construction.
Committee is requested to consider and take a decision in the matter.
219. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered admitting
and declaration deed duly notarized. This is without prejudice to the legal
rights of Cantonment Board Meerut regarding removal of u/a construction.
220. MUTATION
Reference CBR No. 268(205) dated 09.06.2014.
To consider mutation application dated 26.04.1993 and 20.04.2013
submitted by Shri Surender Kumar S/o Late Shri Nathu requesting for
mutation in respect of Property No. 515, Dal Mandi, Sadar, Meerut Cantt.
As per GLR House No. 515, Dal Mandi Mohalla, Sadar, Meerut Cantt
comprising Sy. No. 357/1643 having an area of 617 sq ft. and recorded in the
name of S/Shri Nathu Mal and Ved Prakash on Old grant terms. The site is
situated inside the notified civil area under the management of Cantonment
Board, Meerut.
The applicants became the owner of the property in question through
inheritance as stated in affidavit dated 30.03.1993 that his father Shri Nathu
Mal and and Shri Ved Prakash purchased the property in question on
17.12.1965 and Shri Ved Prakash (co-recorded HOR) sold her portion to his
father Shri Nathu Mal on 28.07.1975 as his father became the sole owner of
the property in question. His father Shri Nathu Mal was expired on 02.02.1981
and left behind the deponent and his sister Smt Shail Kumari as legal heir.
Smt Shail Kumari has also surrender their rights in the property in question in
favour of her brother (applicant) vide affidavit dated 30.03.1993.
Proclamation notice was got published in news paper namely Dainik
Mairashtra on 16.12.1995 inviting objection, but no objection received
The Engineering staff of Cantonment Board, Meerut has reported that
there are no u/a construction, sub-division of site, encroachment and change
of purpose are involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized.
Relevant file is put up on the table.
Committee is requested to take a decision in the matter.
220. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized.
221. MUTATION
To consider mutation application dated 09.11.2009 submitted by Shri
Subhash Chand S/o Shri Braham Prakash requesting for mutation in respect
of Property No.92, Durga Bari Sadar Meerut Cantt alongwith copy of registered
will dated 22.07.1988.
As per GLR House No.92, Durga Bari, Sadar Meerut Cantt comprising Sy.
No.357/1056 having an area of 1504 sq ft. and recorded in the name of Shri
Braham Prakash S/o Shri Raja Ram on Old grant terms. The site is situated
inside the notified civil area under the management of Cantonment Board,
Meerut.
The applicant became the owner of the property in question through
registered will dated 22.07.1988 executed by Shri Braham Prakash S/o Shri
Raja Ram (recorded HOR) stating therein that till his death, he will be the sole
owner of the property in question and after his death his wife will became the
sole owner of the property in question and after death of his wife, his son
Subhash Chand will became the owner of the property in question. Shri
Braham Prakash was expired on 01.09.1998 and his wife Smt Jagwati Devi
expired on 18.10.2009. As such as per will, the applicant became the owner of
the property in question.
Proclamation notice was got published in news paper namely Dainik Jagran
on 20.8.2010 inviting objection. Shri Anand Prakash brother of applicant filed
objection dated 03.11.2010 stating that his name be also entered in the
property in question with the applicant.
That Shri Subhash Chand, applicant filed a Civil Suit No. 1247 of 2012
Subhash Chand Vs. Anand Prakash & another before the Civil Court, Meerut
with prayer that the applicant be declare sole owner of the property in question
on the basis of registered will executed by his father in his favour.
The Court vide order dated 27.02.2013 decree the suit and declared the
applicant/plaintiff the owner of the property in question on the basis of
registered will dated 11.07.1988.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no sub-division of site and change of purpose involved but
encroachment on Govt land and u/a construction are involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized. This is without prejudice to the legal rights of
Cantonment Board Meerut regarding removal of encroachment on Govt land
and u/a construction.
Committee is requested to consider and take a decision in the matter.
221. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized. This is without prejudice to the legal rights of
Cantonment Board Meerut regarding removal of encroachment on Govt land
and u/a construction. The applicant be directed to remove the encroachment
to facilate the mutation process. This is without prejudice to the legal rights of
Cantonment Board, Meerut.
222. MUTATION
To consider mutation application dated 23.01.2014 submitted by Shri
Prateek Jaiswal S/o Shri Anoop Kumar Jaiswal for mutation in respect of
Property No. 164, Noonia Mohalla, Sadar Meerut Cantt alongwith affidavit and
will.
As per GLR House No. 164, Noonia Mohalla, Sadar, Meerut Cantt
comprising Sy. No.357/830 having an area of 1187 sq ft. and recorded in the
name of Shri Krishan S/o Shri Ganga Bali on Old grant terms. The site is
situated inside the notified civil area under the management of Cantonment
Board, Meerut.
The applicant became the owner of the property through unregistered
will dated 12.08.2013 executed by Shri Krishan Jaiswal S/o Late Ganga Bali
(recorded HOR) in favour of the applicant (grandson). Shri Krishan Jaiswal
expired on 14.12.2013. The other legal heirs of Shri Krishan Jaiswal have also
surrender their rights in the property in question in favour of applicant vide
affidavits dated 18.01.2014.
Proclamation notice was got published in news paper namely Hindustan
on 27.05.2014 inviting objection, but no objection received.
The Engineering staff of Cantonment Board, Meerut has reported that
there are no sub-division of site, change of purpose, unauthorized construction
and encroachment on Govt. land are involved.
It is recommended that the name of the applicant be entered in GLR and
Tax register on recorded area subject to deposit of Rs 500/- on account of
maintenance of property record as per CBR No. 9 dated 13.02.2012, payment
of House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized.
Committee is requested to consider and take a decision in the matter.
222. Recommendation Considered and recommended that the name of
the applicant be entered in GLR and Tax register on recorded area subject to
deposit of Rs 500/- on account of maintenance of property record, payment of
House Tax/ Water Tax upto date and admission deed duly registered and
declaration deed duly notarized.
223. DETERMINATION OF LEASE.
To consider the letters dated 11.07.1994, 24.11.1995, 19.02.2013,
21.03.2013 and 16.06.2014 issued to the lessee for execution of lease deed and
submit willingness for further renewal of lease of area measuring 202 Sqft. in
House No. 95, Durga Bari Sadar Meerut Cantt.
That on 23.06.2014, one Km Jai Mala Jain D/o Sh Chajju Mal Jain
submitted application for mutation with Power of Attorney duly registered on
12.12.2012 executed by Shri Rajender Kumar Jain S/o Shri Kalyan Rai Jain
who purchased the same from Shri Bhagwan Prasad S/o Chuttan Lal vide
registered sale deed dated 27.12.1978 as stated in the same Power of Attorney.
As per GLR property described as House No. 95, Durga Bari Mohalla,
Sadar, Meerut Cantt comprising Sy. No. 357/1055 having an area of 594 sq ft.
(out of which 202 sqft. area on lease under Schedule VIII of CLAR, 1937)
and recorded in the name of Shri Bhagwat Prasad S/o Shri Chuttan Lal and
Shri Chuttan Lal S/o Shri Baboo Ram. The lease has already expired on
26.02.1977.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1947 for 90 years renewal at option of the lessee every 30 years in respect
of property in question w.e.f. 27.2.47 to 26.2.77. Thereafter competent
authority accorded sanction for 2nd terms w.e.f. 27.2.77 to 26.2.07 on the
annual rent of Rs. 9.10 vide letter dt 26.02.77 and the same 2nd term of lease
has not been executed by the lessee till date despite of repeated reminders.
At present, the site in question is in the possession of applicant without
any legal and valid documents and she has submitted Power of Attorney
executed by one Shri Rajender Kumar Jain in her favour.
In view of the above, it is confirm that there are no legal and valid
documents regarding possession of property in question is available with the
applicant and there are clear violation of terms and conditions of lease as the
property has been transferred through sale deeds without prior approval of
competent authority. The 2nd term of lease as sanctioned by the Govt has not
been executed by the then lessee despite of reminders. As such it is
recommended that matter for determination of lease in the absence of
necessary information/documents and non execution of lease deed till date
duly sanctioned by the competent authority be forwarded to the higher
authorities.
223. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents and
non execution of lease deed till date duly sanctioned by the competent
authority be forwarded to the higher authorities. The competent authority may
accord sanction for determination of lease or may like to accord sanction for
renewal of lease alongwith necessary mutation by condoning the breach of
lease terms in favour of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question has been sold
without the prior permission of the competent authority.
ii)
Execution of lease duly sanctioned by the competent authority w.e.f.
27.02.1977 to 26.02.2007.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
224. DETERMINATION OF LEASE.
To consider the letters dated 16.02.2008, 15.05.2008, 06.10.2010,
28.02.2013, 29.01.2014 and 24.06.2014 issued to the occupant of the
premises in question for mutation/renewal of lease in respect of Property No.
323, Ghosi Mohalla, BI Bazar, Meerut Cantt.
That in reply to this office letter dated 16.02.2008, Smt Razia Begum
W/o Shri Mohd Afzal vide application dated 19.03.2008 informed that the
premises in question has been purchased by her vide registered sale deed
dated 14.03.2001 and requested for renewal of lease, thereafter, the
Cantonment Board vide letter under reference repeatedly requested the
applicant to submit necessary information/documents for mutation/renewal of
lease but till date she had not complied the directions contained in the letters
and not submitted any documents for mutation/renewal.
As per GLR property described as House No. 323, Lajpat Puri, BI Bazar,
Meerut Cantt comprising Sy. No. 249/845 having an area of 477 sq ft. and
recorded in the name of Shri Chander Prakash S/o Shri Devi Chand on lease
under schedule VIII of ClAR, 1937. The lease has already expired on
30.12.2005.
Regarding lease it is inform that earlier the site was held on old grant
terms and on the request of the then recorded HOR, the lease was granted by
the Govt. of India vide letter No. 702/13/L/L&C/73/1295/D (Lands) dated
15.02.1973 for 90 years renewal at option of the lessee every 30 years in
respect of property in question w.e.f. 31.12.1975 to 30.12.2005 as first term.
Thereafter for 2nd term w.e.f. 31.12.2005 to 30.12.2035, the lessee/present
occupants repeatedly requested to submit necessary information/documents
for mutation/renewal but till date, no response has been received by this office
in this regard.
In view of the above, it is confirm that there are no legal and valid
documents regarding possession of property in question is available with the
applicant and there are clear violation of terms and conditions of lease as the
property has been transferred through sale deeds without prior approval of
competent authority. The present occupant are not submitted documents
despite of several reminders. As such it is recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities.
224. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease or like to may accord sanction for renewal of
lease alongwith necessary mutation by condoning the breach of lease terms in
favour of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question has been sold
without the prior permission of the competent authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
225. DETERMINATION OF LEASE.
To consider application dated 27.09.2004 received from Shri Israr
Ahmad and Shri Ansar Ahmad Sons of Shri Shafiq Elahi requesting for
mutation in respect of Property No. 104, Chowk Bazar, Sadar, Meerut Cantt.
The Cantonment Board vide this office letters dated 10.11.2008,
17.01.2009, 28.02.2013 and 21.03.2013 requested the applicants to submit
necessary information/documents for further renewal/mutation in respect of
property in question but they failed to submit the requisite
information/documents and till date no documents in this regard has been
submitted by the applicants.
Thereafter, Shri Abrar Ahmad S/o Shri Shafiq Elahi applied for mutation
vide application dated 01.06.2013 with affidavit stating that his mother is
recorded HOR of the property in question and after her death, name of their
legal heirs namely S/Shri Azhar Zamal, Abrar Ahmad, Israr Ahmad and Ansar
Ahmad be entered in the GLR. This office vide letter dated 24.06.2014 directed
the
applicant
to
submit
necessary
information/documents
for
mutation/renewal in respect of property in question. The process server visited
the site for service the same letter and he vide his report dated 26.06.2014
informed that the applicant are residing in city area and the property in
question is locked and as per local inquiry, it was come to the notice that no
one is residing in the premises in question since long. The copy of the same
letter was also forwarded through registered AD post and the same was
received by this office undelivered.
As per GLR property described as House No. 104, Chowk Bazar, Sadar,
Meerut Cantt comprising Sy. No. 357/540 having an area of 391.500 sq ft.
and recorded in the name of Smt Shehzadi Begum W/o Shri Shafiq Elahi on
lease under schedule VI of ClAR, 1925. The lease has already expired on
28.02.1990.
Regarding lease it is inform that the Govt accorded sanction for lease in
year 1930 for 90 years at option of the lessee every 30 years in respect of
property in question w.e.f. 01.04.1930 to 28.02.1960 as first term. Thereafter
the competent authority accorded sanction for 2nd term w.e.f. 01.03.1960 to
28.02.1990. Now 03rd and final terms w.e.f. 01.03.1990 to 28.02.2020 is left
for renewal.
The technical staff of this office also submitted report on the application
dated 27.02.2004 stating therein that change of purpose is involved in the site
in question.
In view of the above, it is confirm that the applicant are not interested to
submit legal and valid documents regarding possession of property in question
and there are clear violation of terms and conditions of lease as the property in
question is being used for commercial purpose also.. The present occupants
are not submitted documents despite of several reminders. As such it is
recommended that matter for determination of lease in the absence of
necessary information/documents be forwarded to the higher authorities.
225. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease or like to may accord sanction for renewal of
lease alongwith necessary mutation by condoning the breach of lease terms in
favour of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question is partly being
used for commercial purpose.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
226. DETERMINATION OF LEASE.
Referrence CBR No. 5(54) dated 11.02.2011.
To consider mutation application dated 8.8.2008 and willingness for
renewal of lease dated 8.8.2008 submitted by Shri Nazim s/o Nasiruddin in
respect of property No. 441 Bakri Mohalla, B.I.Bazar Meerut Cantt.
As per GLR House No. 441 Bakri Mohalla, B.I.Bazar Meerut Cantt
comprising Sy. No.249/342 having an area of 146 sq ft. on lease terms under
Schedule VIII of CLA Rules 1937 and recorded in the name of Shri Arjun
Kumar s/o Late Shri Pyare Lal. The lease has expired on 16.2.2005.The site is
situated inside the notified civil area under the management of Cantonment
Board, Meerut.
Originally the site was granted on lease in year 1975 for 30 years renewal
at option of lessee upto 90 years vide
Govt of India letter No.
702/93/L/L&C/73 dated 19.9.1973 and lease was executed on 17.2.1975
upto 16.2.2005 (first term) Thereafter the applicant applied for further renewal
of lease/mutation without furnishing necessary information/documents.
The applicant have purchased the property in question through
Registered sale deed dated 27.12.2005 executed by Shri Mohd. Said alias
Chand in favor of applicant. Shri Mohd. Chand purchased the same from Shri
Arjun Kumar (Recorded HOR) vide registered sale deed dated 1.3.1993 as
stated in sale deed.
As per condition 1(8) of the lease no notice to
sale/purchase was given to the competent authority as such it is clear violation
of condition 1(8) of the lease. In the sale deed dated 27.12.2005 it is written
that the site is held on old grant terms instead of lease terms.
Board is informed that the applicant was directed vide this office letter
17.1.2009 and 7.12.2010 to submit amended deed in this regard along with
other relevant documents for mutation/renewal of lease. But the applicant not
complied the directions contained in the notices.
The matter regarding determination of lease was placed before the Board
and the Board vide CBR No. 5(54) dated 11.02.2011 considered and resolved
that one more opportunity be given to the applicant for submission of
necessary information/documents and ward member be approached to the
concerned person for early submission of necessary documents.
In compliance of the above CBR, a letter dated 04.07.2011 was also sent
to the applicant and copy to the concerned ward member for submission of
necessary documents for mutation/renewal in the matter but till date the
applicant had not complied the directions and not submitted the documents.
In view of the above, it is confirm that the applicant are not interested to
submit legal and valid documents regarding possession of property in question
and there are clear violation of terms and conditions of lease as the property in
question has been transferred without prior permission of the competent
authority. The present occupant is not submitted documents despite of several
reminders. As such it is recommended that matter for determination of lease in
the absence of necessary information/documents be forwarded to the higher
authorities.
226. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease or like to may accord sanction for renewal of
lease alongwith necessary mutation by condoning the breach of lease terms in
favour of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question has been sold
without the prior permission of the competent authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
227. DETERMINATION OF LEASE.
To consider willingness for renewal of lease dated 28.03.2008 submitted
by Shri Inder Mohan and Shri Joginder Kumar in r/o Property No. 238, Tandel
Mohalla, BC Bazar, Meerut Cantt without any documentary evidence regarding
possession on the property in their favour.
As per GLR property described as House No. 238, Tandel Moh, BC.Bazar
Meerut Cantt comprising Sy. No.183/530 having an area of 584.30 sq ft. on
lease under Schedule VI of CLA Rules 1925 and recorded in the name of Smt
Chunni Devi W/o Late Shri Dori Lal. The lease has already expired on
14.04.94.
That this office vide letter dated 01.02.2008 requested to the recorded
lessee to submit willingness for renewal of lease. On the same letter, Shri Inder
Sain and Shri Joginder Kumar have submitted application dated 28.03.2008
stating therein that their mother Smt Chunni Devi (Recorded HOR) had expired
and being legal heir of Smt Chunni Devi, they are residing in the said premises
and also request for renewal of lease for further 30 years.
This office vide letter dated 15.05.2008 and 18.02.2013 requested the
above applicants to submit mutation application etc for taking further
necessary action in the matter but till date no documents have been filed by
the applicants in this regard.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1934 for 90 years renewal at option of the lessee every 30 years in respect
of property in question w.e.f. 15.04.1934 to 14.04.1964. Thereafter competent
authority accorded sanction for 2nd terms w.e.f. 15.04.1964 to 14.04.1994 on
the annual rent of Rs. 3.84 vide letter dated 29.12.1967. The 3rd and final
terms for renewal of lease w.e.f. 15.04.1994 to 14.04.2024 on the enhanced
rent by 50% comes to Rs. 5.75 per annum is left for renewal.
In view of the above, it seems that applicant is not interested to submit
information/documents for mutation/renewal as such it is recommended that
matter for determination of lease in the absence of necessary
information/documents be forwarded to the higher authorities.
227. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease.
228. DETERMINATION OF LEASE.
To consider letter dated 02.12.1995 of Cantonment Board, Meerut
addressed to Shri Kunji Lal S/o Late Shri Bishan Saroop regarding submission
of application for renewal of lease etc. Thereafter, this office vide letter dated
16.06.2014
requested
Shri
Kunji
Lal
to
submit
necessary
information/documents regarding renewal of lease. On the same letter, one
Smt Anita Devi W/o Late Shri Krishan Avtar Gupta, R/o 206, Noonia Mohalla,
Sadar, Meerut Cantt vide application dated 24.06.2014 informed that she is
residing in the property in question since last 14 years and she and her
husband purchased the same in the year 1997 and necessary documents
regarding mutation was submitted in the office of Cantonment Board Meerut in
the year 1997. She further informed that her husband has expired in the year
2001 and requested to renewal of lease.
As per GLR property described as House No. 206, Noonia Mohalla, Sadar
Meerut Cantt comprising Sy. No. 357/648 having an area of 432 sq ft. is held
on old grant & lease terms out of which 198 Sq.ft is on lease under
Schedule VIII of CLA Rules 1937 and recorded in the name of Bishan Saroop
Ram Chander. The lease has already expired on 24.09.1977.
Regarding lease it is inform that originally the site in question was
granted in year 1914 on lease under Cantt Code for 33 years. Thereafter the
GOC-in-C, Eastern Command vide letter dated 30.04.1948 accorded sanction
of a fresh lease under the CLA Rules, 1937 for 158 Sq.ft. of land comprising
Sy. Np. 357/648/Part on payment of annual rent of Rs. 5/- and premium of
Rs. 100/-. In lieu of the expired lease in Form `C’ of Cantt Code 1912 and
directed the fresh lease should be executed in Schedule VIII of CLA Rules,
1937. A lease under Schedule VIII of CLA Rules, 1937 was executed by the
then lessee on 25.04.1949 w.e.f. 25.07.1947 to 24.09.1977. Thereafter, renewal
of lease has been made.
That on the application dated 24.06.2014 submitted by Shri Anita Devi,
this office vide letter dated 25.06.2014 requested the applicant to submit
necessary information/documents for mutation/renewal of lease in respect of
property in question. The applicant not submitted any documents and vide
application dated 05.07.2014 that her brother in law has expired on
27.06.2014 and she is unable to collect the documents as required and
requested that one month time be given. Till date no documents have been
submitted by the applicant for taking further necessary action in the matter.
In view of the above, it seems that applicant is not interested to submit
information/documents for mutation/renewal as such it is recommended that
matter for determination of lease in the absence of necessary
information/documents be forwarded to the higher authorities.
228. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease.
229. DETERMINATION OF LEASE.
To consider letter dated 18.05.2010 of Cantonment Board, Meerut
addressed to Smt Prem Wati W/o Shri Dharam Dass (recorded lessee)
regarding submission of application for renewal of lease etc. Thereafter, a
reminder dated 07.12.2010 was also sent to the lessee for submission of
necessary information/documents regarding renewal of lease. Non receipt of
any information/documents, the matter regarding determination of lease was
placed before the Board and the Board vide CBR No. 5(53) dated 11.02.2011
resolved that one more opportunity be given to the applicant for submission of
necessary/documents. In compliance of the same, a letter dated 04.07.2011
again sent to the lessee for submission of necessary information/documents.
On the same letter, Shri Ajay Kumar Goel and Shri Vijay Kumar Goel
Sons of Late Shri Dharam Dass submitted application for mutation/renewal
with affidavit stating therein that after death of his mother (recorded lessee)
they became the owner of the property in question and mutation/renewal be
made in their name. This office vide letter dated 29.01.2014 directed the
application to submit necessary information/documents for mutation/renewal
of property in question. A reminder was also send on 16.06.2014 but till date
no information/documents have been filed by the present occupants of the
premises in question.
As per GLR property described as House No. 383, Kabari Bazar, Sadar
Meerut Cantt comprising Sy. No. 357/236 having an area of 1324 sq ft. is held
on old grant & lease terms out of which 111 Sq.ft is on lease under
Schedule VI of CLA Rules 1925 and recorded in the name of Smt Prem Wati
W/o Shri Dharam Das. The lease has already expired on 28.02.1989.
Regarding lease it is inform that originally the site in question was
granted in year 1929 on lease for 30 years renewal at option of the lessee upto
90 years for 1st term upto 28.02.1959, thereafter the Govt of India accorded
sanction for further renewal of 2nd terms w.e.f. 01.03.1959 to 28.02.1989.
In view of the above, it seems that applicant is not interested to submit
information/documents for mutation/renewal as such it is recommended that
matter for determination of lease in the absence of necessary
information/documents be forwarded to the higher authorities.
229. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease.
230. DETERMINATION OF LEASE.
To consider letter dated 07.12.2007 of Cantonment Board, Meerut
addressed to Shri Iqbal Ahmad S/o Shri Abdul Latif (recorded lessee) informing
that u/a construction and encroachment are involved in site in question and
submit reply within 07 days why the lease in question should not be determine
by the competent authority. On the same,Shri Iqbal Ahmad vide application
dated 26.12.2007 intimated that he has already submitted application for
mutation in the office of Cantonment Board Meerut and he will submit the
composition plan at the earliest and further requested to renew the lease. It is
also submitted that name of Shri Iqbal Ahmad has already been entered in tax
record vide this office letter dated 13.03.2002.
That this office vide letter dated 24.03.2008 addressed to Shri Iqbal
Ahmad informed that he has sub-divided the property by way of sale of portion
to various persons & carried out u/a construction & encroachment on Govt
land against the terms and conditions of the lease and directed to remove the
encroachment and u/a construction at site and submit details of present
occupiers occupying the subject property alongwith the site plan showing the
area, dimension showing the site. Shri Iqbal Ahmad vide application dated
26.04.2008 stating therein that he will submit the site plan after some time
and not submitted information as required by this office. This office vide letter
dated 15.05.2008 again directed Shri
Iqbal Ahmad to submit
information/documents as required by this office earlier. On the same, Shri
Iqbal Ahmad submitted a site plan of whole area of site with request to renew
the lease.
This office vide letter dated 14.02.2013 again directed Shri Iqbal Ahmad
to submit necessary information/documents as required by this office from
time to time, a reminder was also sent on 21.03.2013 but he failed to comply
the direction contained in the said letters.
Thereafter, a letter dated 29.01.2014 was sent and a wrong reply without
any documentary evidence was submitted on 25.02.2014 by Shri Iqbal Ahmad
and this office vide letter dated 16.06.2014 again directed Shri Iqbal Ahmad to
submit necessary information/documents for taking further necessary action
in the matter but till date no complete information/documents in this regard
has been received by this office.
As per GLR property described as Shop cum House No. 44/A, Tandel
Mohalla, BC Bazar, Meerut Cantt comprising Sy. No. 183/735/2 having an
area of 1600 sq ft. is held on lease terms under Schedule VI of CLA Rules 1925
and recorded in the name of Shri Abdul Latif S/o Shri Gharibullah. The lease
has already expired on 23.06.1997.
Regarding lease it is inform that originally the site in question was
granted in year 1937 on lease for 30 years renewal at option of the lessee upto
90 years for 1st term upto 24.06.1937 to 23.06.1967, thereafter the Govt of
India accorded sanction for further renewal of 2nd terms w.e.f. 24.06.1967 to
23.06.1997.
In view of the above, it seems that applicant is not interested to submit
information/documents for mutation/renewal as such it is recommended that
matter for determination of lease in the absence of necessary
information/documents be forwarded to the higher authorities.
230. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease.
231. LEASE OF SURVEY NO.357/1117
To consider application dated Nil received in the office on 01.01.2008
from S/Shri Ashok Kumar and Prahlad Kumar sons of Late Shri Mohan Lal
alongwith affidavit requesting for mutation/deletion of names in respect of
property No. 205-206 Dalmandi Mohalla. Sadar Meerut Cantt. The applicant
has also submit willingness for renewal of lease vide application dated
15.11.2010.
As per the GLR the property described as houses No. 205-206,
Dalmandi, Sadar Meerut Cantt comprising survey No. 357/1117 having an
area of 585 sq.ft. (out of which 450 sq.ft. held on Cantt Code lease & 135
sq.ft is held on Lease of Schedule VI of CLA, Rules 1925) and recorded in
the name of Shri Hirday Kumar, Ram Kumar Sons of Sri Chandu Lal and Shri
Ashok Kumar, Prahlad Kumar minor sons of Shri Mohan Lal. The lease of
Schedule VI of CLAR 1925 has already expired on 14.09.1962. The site is
situated inside the notified civil area under the management of Cantonment
Board Meerut.
S/Shri Ashok Kumar and Prahlad Kumar sons of Late Shri Mohan Lal
(Co-HOR) vide affidavit dated 31.12.2007 has stated that Shri Hirday Kumar
s/o Shri Chandu Lal and Legal Heirs of Shri Ram Kumar ( co-HOR) of the
property in question have surrender their rights in their favour through
affidavits dated 26.12.2007 and requested that the name of Shri Hirday Kumar
and Shri Ram Kumar be deleted from the record. Shri Hirday Kumar s/o Shri
Chandu Lal (Co-HOR) and Shri Sachin and Tarun (sons of Shri Ram Kumar
Co-HOR) have surrender their rights in the property in question in favour of
the applicants vide affidavit dated 26.12.2007.
Originally the lease was granted by the Govt. of India in year 1932 for 30
years renewal at option of lessee upto 90 years in respect of property NO. 205206, Dalmandi Mohalla, Sadar Meerut Cantt 135 sq.ft. w.e.f 15.09.1932 to
14.09.1962 (Ist term). Thereafter the Govt. of India accorded sanction for 2nd
term of lease w.e.f 15.09.1962 to 14.09.1992 on the annual rent of Rs. 2.06 per
annum vide letter No. 34334-LC2 dated 21.03.1968. The occupancy
holders/lessee did not execute the lease deed of 2nd term duly sanctioned
by the competent authority despite of repeated reminders at that time.
The 3rd and final term for renewal of lease w.e.f 15.09.1992 to 14.09.2022 on
the enhanced rent by 50% comes to Rs. 3.10 per annum is left for renewal.
The Engineering staff of this office has submitted reported that there is
no sub-division of site, unauthorized constructions, change of purpose but
encroachment on Govt. land is involved.
The matter was placed before the Board and the Board vide CBR No.
5(51) dated 11.02.2011 resolved that the name of Hirday Kumar and Ram
Kumar be deleted from the record and name of the applicant be entered in
GLR and tax register subject to deposit of House Tax/Water Tax uptodate and
the lessee be directed to execute the lease deed w.e.f. 15.09.1962 to 14.09.1992
as sanctioned by the competent authority earlier and further resolved that a
proposal for further renewal of lease w.e.f 15.09.1992 to 14.09.1922 be
forwarded to the higher authorities.
That one Shri Avinash Goel S/o Shri Mohan Lal Goel vide application
dated 22.02.2011 made objection on mutation in the name of Shri Ashok
Kumar and Shri Prahlad Kumar stating therein that he is also the owner of the
property in question and without hearing to him, no action be taken. He has
also submitted another objection vide application dated 18.04.2011 with
Rashan Card and Driving Licence etc.
The Cantonment Board Meerut vide letter dated 04.07.2011 directed the
objector Shri Avinash Goel to submit legal and valid documentary evidence
regarding possession of property in question in his favour and copy of the same
was forwarded to Shri Ashok Kumar and Shri Prahlad Kumar. This office again
directed the objector on 29.01.2014 to submit legal and valid documentary
evidence regarding possession of property in question in his favour and copy of
the same was forwarded to Shri Ashok Kumar and Shri Prahlad Kumar.
That Shri Avinash Goel, Objector submitted mutation application dated
12.02.2014 alongwith affidavit, certificate issued by the office of DM Meerut
regarding legal heirs, death certificate etc and the same was scrutinized by this
office and found that the same is not relevant and in this regard, this office vide
letter dated 24.06.2014 directed the objector Shri Avinash Goel to submit legal
and valid documentary evidence regarding possession in the said property
within 07days from the receipt of the letter otherwise the matter will be referred
to the Govt of India for determination of lease and copy of the same was
forwarded to Shri Ashok Kumar and Shri Prahlad Kumar (Co-recorded HOR).
Till date no information/documents have been submitted by the objector.
In view of the above, it is confirmed that there is family dispute and the
present occupant are not coming forward and not interested to submit
information/documents for mutation/renewal and earlier sanction of lease has
not been executed till date, as such it is recommended that matter be
forwarded to the higher authorities for necessary consideration/advice.
231. Recommendation Considered and recommended that matter be
forwarded to the higher authorities for necessary consideration/advice for
taking further necessary action in the matter as there is family dispute between
the present occupants and the objector has not submitted legal and valid
documents or any order of competent Court in their favour regarding
possession in the property in question. The lease earlier sanctioned by the
competent authority has not been executed till date.
232. MUTATION/RENEWAL OF LEASE.
To consider application dated 16.06.2008 for renewal of lease/mutation
submitted by Shri Suresh S/o Shri Ganga Ram and Smt Jagwati W/o Smt
Suresh requesting for mutation & renewal of lease in respect of property No.
152-153A, Jublee Ganj, BC Bazar, Meerut Cantt.
As per GLR House No. 153A, Jublee Ganj, BC Bazar, Meerut Cantt
comprising Survey No. 183/314 having an area of 433 sqft. and recorded in the
name of Shri Babu Khan S/o Shri Abdul Karim on old grant terms. That as per
GLR Sy. No. 183/742 No. 153/2, Jublee Ganj, BC Bazar, Meerut Cantt having
an area of 189 Sqft. and recorded in the name of Shri Mangal Sain S/o Shri
Hulasi on lease under Schedule VIII of CLA Rules, 1937 on annual rent of Rs.
1.13 paisa. The lease has already expired on 09.09.1971. The sites are situated
in the notified Civil area under the management of Cantonment Board Meerut.
It is informed that matter regarding leasing a plot on govt land for
auction having an area of 189 Sqft part of Sy. No. 183/735, B-4 land situated
near House No. 153/1, Jublee Ganj BC Bazar, Meerut Cantt for construction of
a residential house on rent of Rs. 1/13 per annum with premium of Rs. 100/was placed before the Board for approval & application dated 12.03.1941 of
Shri Mangal Sain was considered and the Board vide CBR No. 2(2) dated
31.03.1941 resolved for re-auction the plot.
That after completion of all legal formalities, the matter was again placed
before the Board and the Board vide CBR No. 2(55) dated 04.08.1941 approved
the bid for leasing the plot of 189 Sqft. in the name of Shri Mangal Sain on
payment of annual rent of Rs. 1/13 per annum and premium of Rs. 106/- for
90 years & renewal after every 30 years at the option of the lessee w.e.f.
10.09.1941 to 09.09.1971 as first term & the lease deed was duly registered on
13.09.1941 with the office of Sub-Registrar Meerut.
The applicants purchased the property No. 153/A and 153/2, Jublee
Ganj, BC Bazar Meerut Cantt vide sale deed registered dated 26.08.2002 from
Mohd Islam S/o Shri Babu Khan on the basis of unregistered power of attorney
of Smt Bilkis Begum and Smt Nafisa Daughters of Shri Babu Khan recorded
HOR of Property No. 153A.
Property No. 153/2, the recorded HOR Shri Mangal Sain vide application
dated 27.09.1967 has informed that he has sold the property to Shri Babu
Khan vide registered sale deed 27.09.1967 and Shri Babu Khan applied for
mutation vide application dated 22.04.1968 with copy of incomplete sale deed
and a letter dated 02.03.1976 was sent to Shri Babu Khan to submit complete
sale deed for further necessary action and not submitting the same, no action
on mutation application of Shri Babu Khan was taken at that time. That no
permission to sale/purchase has been obtained from the Cantonment Board
Meerut as such there are violation of condition 1 (8) of lease deed.
The Engineering staff of this office has reported that there is no
encroachment, unauthorized construction, sub-division of site and change of
purpose.
In this case, no permission for leasing out the property in question has
been obtained from the competent authority by the Board at that time and
there are violation of condition of 1(8) of lease also.
It is recommended that the matter be referred to the higher authorities
for issuing suitable instructions/direction for taking further necessary action
in the matter for mutation/renewal of lease regarding property in question.
232. Recommendation Considered and recommended that the matter
be pended and the applicant be directed to submit separate applications for
mutation/renewal of lease for properties under Sy. No. 183/314 and 183/742.
233. MUTATION/RENEWAL OF LEASE.
Reference CBR No. 48 dated 19.01.2009.
To consider application dated 03.05.1995 for mutation and application
dated 12.06.2002 for renewal of lease submitted by Smt Leelawanti W/o Shri
Arjun Dass requesting for mutation/renewal of lease in respect of Property No.
160A, Kerai Ganj, BC Bazar, Meerut Cantt.
As per GLR House No. 160A, Kerai Ganj, BC Bazar, Meerut Cantt
comprising Survey No. 183/417 having an area of 438 Sqft is held on lease
terms under schedule VI of CLA Rules, 1925 and recorded in the name of Shri
Shahbuddin S/o Shri Noor Mohd. The lease has already expired on
31.03.1994.
The property in question came into the possession of the applicant
through registered sale deed dated 05.02.1990 executed by Smt Meena Kumari
W/o Shri Bhagwan Dass. Smt Meena Kumari W/o Shri Bhagwan Dass became
the owner of property in question through registered power of attorney dated
30.03.1988 executed by Shri Shahbuddin S/o Shri Noor Mohd (Recorded HOR)
in favour of Smt Meena Kumari.
Board is informed that in the above mentioned sale deed it is written that
the site is held on old grant terms instead of lease. The present applicant vide
affidavit dated 03.09.2008 has stated that she has purchased the property
from Smt Meena Kumari and admitted that the house in question is held on
lease terms and she admit the terms and conditions of lease in the said
affidavit.
That no permission to sale/purchase has been obtained from the
competent authority as such there is violation of terms and condition of lease.
Board is informed that as per condition 1(8) of the lease, the information
regarding transfer of property should be given within a calendar month and in
the instant case there are violation of condition 1(8) of the lease. As per the
directions
issued
by
the
Govt
of
India
vide
letter
No.
740/1/L/L&C/70/7361/A/D(Lands) dated 04.05.1973 the Director ML &C
(now DG DE) is the competent authority to condone the breach of condition
1(8) of lease.
Regarding lease it is informed that originally the lease for 438 Sqft under
schedule VI of CLA Rules, 1925 was granted for a period of 90 year renewal
after every 30 years at the option of the lessee in year 1934 w.e.f. 01.04.1934 to
31.03.1964. Thereafter the Govt of India vide letter No. 34661/LC2 dated
17.09.1968 accorded sanction for further renewal w.e.f. 01.04.1964 to
31.03.1994 as 2nd term on annual rent of Rs. 3.29 paisa.
The 3rd and final term w.e.f. 01.04.1994 to 31.03.2024 on enhance rent
of Rs. 5/- is left for which the applicants has applied.
The Engineering staff of this office has reported that there is no subdivision of site and change of purpose but unauthorized construction and
encroachment of Govt. land is involved.
A 15 days proclamation notice was published in local news paper named
AMAR UJALA on 03.06.2008 inviting objections, but no objection was received.
It is recommended that a proposal for condone the breach of condition
1(8) of lease be forwarded to the competent authority through PD DE.
Board is requested to consider and decide.
233. Recommendation Considered and recommended that a proposal
for condone the breach of condition 1(8) of lease be forwarded to the competent
authority through PD DE as well as for according sanction of renewal of lease
for further terms of 30 years w.e.f. 01.04.1994.
234. MUTATION/RENEWAL OF LEASE.
To consider application dated 24.08.2009 for mutation/renewal of lease
submitted by Shri Ved Prakash, Nirmala Devi, Pramila Devi, Jayanti Prasad,
Nagender Kumar, Raj Kumar, Jitender Kumar and Smt Sharda Devi requesting
for mutation/renewal of lease in respect of Property No. 182-186, Ganj Bazar,
Sadar, Meerut Cantt.
As per GLR House Nos. 182, 183, 184, 185-186, Chander Gupta (Ganj)
Mohalla, Sadar, Meerut Cantt comprising Survey No. 357/1686 having an
area of 1944.480 Sqft is held on Old grant & lease terms out of which 283.48
(221.84 + 61.61 two leases) Sqft. is held on lease terms under schedule VI
of CLA Rules, 1925 and recorded in the name of Udey Ram S/o Jamuna
Dass, Jagan Nath S/o Shadi Ram. The lease has already expired on
14.06.1962 and 14.07.1965 respectively.
The applicants vide application dated 21.02.2009 has given details of
legal heirs of recorded HOR and also submitted affidavits dated 24.08.2009
wherein they have requested for mutation in their name and other legal heirs
have surrender their rights in favour of applicants. All the affidavits are
available on record.
Regarding lease it is informed that the competent authority accorded
sanction for lease under Schedule VI of CLA Rules, 1925 in year 1932 for area
measuring 221.87 Sq.ft. on annual rent of Rs. 2.25 paisa and as per record of
this office, the same was registered on 06.07.1932 in the office of Sub-Registrar
Meerut as 1st term w.e.f. 15.06.1932 to 14.06.1962 but no sanction letter in
this regard is available on record.
Thereafter, the Govt of India regularize the encroachment on Govt land
near House No. 182-184 for 61.61 Sq.ft and granted lease under schedule VI of
CLA Rules, 1925 on annual rent as -/10/- (40 paisa only) vide letter dated
07.05.1935 and the same lease was duly registered in the office of SubRegistrar Meerut as 1st term w.e.f. 15.07.1935 to 14.07.1965.
The 2rd terms of both of lease w.e.f. 15.06.1962 to 14.06.1992 on
enhance rent of Rs. 3.40/- & 15.07.1965 to 14.07.1995 on enhance rent of Rs.
0.60 paisa respectively is left for which the applicants has applied.
The Engineering staff of this office has reported that there is no subdivision of site but encroachment, unauthorized construction and change of
purpose are involve.
A 15 days proclamation notice was published in local news paper named
HINDUSTAN on 12.11.2009 inviting objections, but no objection was received.
It is recommended that the matter be forwarded to the higher authorities
for necessary directions for taking further necessary action in the matter as
encroachment, u/a construction and change of purpose is involved which is
clear violation of lease terms and time for renewal of 2nd terms has already
expired.
234. Recommendation Considered and recommended that the matter
be forwarded to the higher authorities for renewal of lease by according
sanction for initiation of further necessary action in the matter as
encroachment, u/a construction and change of purpose is involved and there
is violation of lease terms and time for renewal of 2nd terms has already
expired.
235. RENEWAL OF LEASE.
To consider application dated 11.01.2013 & 04.07.2013 from Brig B P
Singh, Shri RP Singh and Shri VP Singh for renewal of lease in r/o B. No. 293,
Abulane, Meerut Cantt.
As per GLR survey No. 357/1756/1 the site described as Bungalow No.
293, Abulane, Sadar, Meerut Cantt having an area of 0.370 Acre and recorded
in the name of Shri Bijender Pal Singh, Rajender Pal Singh and Virender Pal
Singh on lease of Schedule VIII of CLAR 1937 and the lease has expired on
29.05.1992. The site is situated inside of the Civil area and under the
management of the Cantonment Board, Meerut.
That the recorded lessee vide application dated 28.04.1973 requesting for
grant of lease of B-3 land measuring 4169 sqft towards South in the compound
of Bungalow No. 293, Abulane, Meerut Cantt for commercial purpose. The
matter was placed before the Board and the Board vide its CBR No. 4 (18)
dated 22.05.1974 recommended that application be forwarded to GOC for
obtaining sanction of lease for the applied area for commercial purpose under
schedule VIII of CLAR 1937. A proposal was forwarded to the GOC-in-Chief
vide letter dated 05.11.1974.
The Dte DE vide letter dated 21.01.1975 raised quarries and asked to
ascertain the lessee whether he is willing to surrender his existing lease and
take a fresh lease in Sch VIII of CLAR 1937 for residential cum commercial
purpose on terms and conditions fixed by the Govt with written undertaking
etc. The Cantt Board Meerut vide letter dated 10.03.1975 was requested to
submit necessary documents as required by the higher authorities. The lessee
vide letter dated 18.07.1975 submitted their no objection to surrender the
existing lease and to take a fresh lease for residential and commercial purpose
provided that reasonable rent and premium be charged only for area of 4169
sq.ft.
That the recorded HOR vide application dated 16.10.1978 u/s 179 of CA
1924 submitted a proposed plan for construction purely for residential
purpose. The matter was placed before the Board and the Board vide CBR No.
5(41) dated 30.04.1979 sanctioned the plan and the same sanction was
communicated to the applicants vide this office letter dated 05.05.1979. The
recorded HOR,s vide application dated 20.12.1979 informed that construction
work has been completed. The site was inspected by the outdoor staff and
found that construction are not in accordance with the sanctioned plan and
site is been used for commercial purpose. The matter was refer to CBLA for
their opinion. CBLA vide opinion dated 04.07.1980 opined that action for
cancellation for lease be taken.
The matter was placed before the Board and the Board vide its CBR No.
24 dated 07.05.1980 resolved that a proposal for determination for lease be
forwarded to the higher authorities. The recorded lessee vide application dated
12.05.1980 requested for conversion of lease rights into free hold rights. The
matter was placed before the Board and the Board vide CBR No. 14 dated
30.06.1980 resolved that CB resolution No. 24 dated 07.05.1982 be rescinded
as he has already applied for conversion. A proposal for conversion of lease
rights into free hold rights was forwarded to the Govt. vide this office letter
dated 26.10.1979. The Govt. of India vide letter dated 702/70/L/L&C/76
dated 16.01.1987 accorded sanction for conversion of an area measuring 0.370
Acres in favor of the applicant on payment of Rs. 5,39,035/- lakh.
The Cantonment Board, Meerut vide letter dated 17.03.1987 requested
the lessee to deposit the aforesaid amount with the office of DEO, Meerut
Circle, Meerut Cantt through bank draft. Shri R. P Singh one of the lessee vide
application dated 19.03.1987 & 20.03.1987 requested that the calculation of
conversion be made on the basis of STR for the year 1979 as they have applied
in the said year.
The DEO, Meerut vide letter dated 14.04.1987 informed the applicants
that amount as demanded has been sanctioned by the Govt. of India and can
not be reduced and requested the lessee to deposit the conversion cost.
Reminders in this regard was also sent on 19.06.1987 & 17.12.1987. The DEO
Meerut vide letter dated 03.03.1988 informed the Dte. DE, Lucknow regarding
non deposit of conversion cost by the applicants. The DEO Meerut again
requested the lessee to deposit conversion cost vide letter dated 18.01.1987.
Shri R. P. Singh one of the lessee vide representation dated 20.03.1987
requested that conversion cost be calculated as per STR for the year 1979 and
vide letter dated 23.1.1988 asked regarding decision taken by the authorities
on the representation dated 20.03.1987. The DG DE New Delhi vide letter
dated 04.08.1988 rejected the representation 19.03.1987 stating that the
amount as already sanctioned cannot be reduced. The same decision was
communicated to the lessee vide DEO Meerut letter dated 20.08.1988 with
request to deposit the conversion cost. Till date no conversion cost has been
deposited by the lessee. The recorded lessee vide application dated 24.07.1991
and 06.10.1992 submitted willingness for renewal of lease for further 30 years
& no action taken report on the same at that time is available on record.
That on the application for renewal of lease, the Cantonment Board
Meerut vide letter dated 28.02.2013 informed the applicant that change of
purpose is involved in the property in question and the site is partly being used
for commercial purpose and it is clear violation of terms and conditions of
lease. The Board also directed to remove the change of purpose from the site
and it is not feasible/practical to remove the same, submit willingness from
fresh lease for commercial site as well as residential site as per terms and
conditions to be laid down by the Govt of India, Ministry of Defence on the
enhance rent and premium fixed by the competent authority with site plan on
tracing cloth showing the area, dimension and boundaries of sites with area of
commercial site and residential site separately.
That the applicants vide application dated 04.07.2013 submitted their
willingness for fresh lease for commercial site as well as residential site with
site plan showing the area for residential and commercial site separately.
The Engineering staff of this office has submitted report that there are no
sub-division of site and encroachment on govt land but u/a construction and
change of purpose are involved.
It is recommended that matter be referred to the higher authorities for
issuing necessary instructions/advice for taking further necessary action in the
matter for issuing fresh leases for commercial and residential purpose as
requested by the applicant for the period 30.05.1992 to 29.05.2022 on the
annual rent and premium as fixed by the Govt of India.
235. Recommendation Considered and recommended that the matter
be referred to the higher authorities for issuing necessary instructions/advice
for taking further necessary action in the matter for issuing fresh leases for
commercial and residential purpose as requested by the applicant for the
period 30.05.1992 to 29.05.2022 on the annual rent and premium as fixed by
the Govt of India or the competent authority may accord sanction for
determination of lease.
236. MUTATION/RENEWAL OF LEASE.
To consider application dated 14.07.2008 received from S/Shri
Mahender Kumar Agarwal, Lovekush Agarwal, Jitender Kumar and Narender
Kumar all Sons of Shri Om Prakash Agarwal requesting for mutation & renewal
of lease on the basis of registered will dated 03.08.1983 executed by their
mother and order dated 28.11.1990 passed by the Court of 2nd Civil Judge
(SD) Meerut in OS No. 1408 of 1990 Mahender Kumar Vs. Jitender Kumar &
others.
As per GLR Sy. No. 357/1674, the site described as House No. 166,
166/A, Ganj Mohalla, Sadar, Meerut Cantt having an area of 1694 Sq.ft and
recorded in the name of Smt Kiran Devi W/o Shri Om Prakash on lease terms
under Schedule VIII of CLA Rules, 1937 and the lease has expired in
01.10.1999.
Regarding lease it is informed that originally the lease was granted by the
Govt of India in year 1939 for renewal after every 30 years at the option of
lessee upto 90 years for the period 02.10.1939 to 01.10.1969 as 1st term.
Thereafter the competent authority accorded sanction for further renewal w.e.f.
02.10.1969 to 01.10.1999 as 2nd term. The 3rd and final term w.e.f. 02.10.1999
to 01.10.2029 on the enhance rent of Rs. 26.50 is left for renewal.
That the recorded lessee Smt Kiran Devi W/o Shri Om Prakash executed
a registered will dated 04.08.1983 in favour of her four sons namely S/Shri
Mahender Kumar Agarwal, Lovekuch Agarwal, Jitender Kumar and Narender
Kumar. Smt Kiran Devi was expired on 14.09.1985 and her husband Shri Om
Prakash expired on 20.04.1988.
That after death of Smt Kiran Devi and her husband Shri Om Prakash, a
family dispute was made between the legal heirs regarding occupation of
property in question as distributed by Smt Kiran Devi in her will & in this
regard, a suit No. 1408 of 1990 was filed by Shri Mahender Kumar before the
Court of Civil Judge (SD) Meerut titled as Mahender Kumar Vs. Jitender Kumar
& others. The Hon’ble Court of Civil Judge (SD), Court No. 2 vide order dated
28.11.1990 declared as under :
1.
2.
3.
4.
That Shri Mahender Kumar plaintiff will be the owner of half portion
of Northern side of property No. 166, Ganj Bazar.
That Shri Jitender Kumar, defendant No. 1 will be the owner of half
portion of Southern side of property No. 166, Ganj Bazar.
That Shri Lovekush, defendant No. 2 will be the owner of half portion
of Southern side of property No. 166A, Ganj Bazar.
That Shri Narender Kumar, defendant No. 3 will be the owner of half
portion of Northern side of property No. 166A, Ganj Bazar.
On the basis of said order passed by the Hon’ble Court, the applicants
applied for mutation and renewal of lease for their separate part with the site
plan etc.
As per report submitted by the technical staff of this office, there are u/a
construction, sub-division of site, encroachment and change of purpose are
involved.
In view of the above, it is recommended that the matter be referred to the
higher authorities for issue necessary direction for taking further action in the
matter for mutation/renewal of lease or any other direction as there are
violation of terms and conditions of lease being sub-division and change of
purpose is involved.
236. Recommendation Considered and recommended that the matter
be referred to the higher authorities for issue necessary direction for taking
further action in the matter for mutation & renewal of lease as there are
violation of terms and conditions of lease being sub-division and change of
purpose.
237. LEASE OF SY. NO. 108/229/2, 108/229/3 & 108/229/4.
Ref:- CBR No.515 dated 29/30-5-2008 & CBR No. 172(129) dt 08.08.12.
To consider application dt 23.11.10 received from Sh Surender Kumar
Jain r/o 1-A, R.A.Bazar alongwith affidavits for mutation and renewal of lease
in r/o of House No. 414, 1-A and part of house No. 1-A, RA Bazar Meerut
Cantt.
The survey no, area, description of site etc regarding lease and mutation
is given in “A” for perusal.
Board is informed that IInd term of lease has already been sanctioned by
the Govt. of India but till date the same has not been executed by the
lessee/present occupant.
Board is informed that earlier the applicant did not submit legal and
valid documents for mutation and renewal of lease as required by the
Cantonment Board Meerut. The matter was placed before the board and the
Board vide CBR No. 515 dated 29/30.5.2008 resolved that a notice regarding
handing over the peaceful possession of the property in question be issued to
the present occupant. Failing which the proceedings for eviction under the PPE
Act, 1971 be also initiated and higher authorities be informed accordingly. In
compliance of the above resolution notices dated 07.07.2008 was issued and
served upon the occupants. The PDDE was also informed vide this office letter
dated 07.07.2008.
In reply to this office letter dated 07.07.2008 Shri Surrender Kumar Jain
has submitted objection dated 15.07.2008 without submitting any
documentary evidence. This office vide letter dated 12.11.2009 again requested
the occupant to submit copy of family settlement/other relevant documents
etc for process the case. Shri Surender Kumar Jain submit their reply dated
18.11.2009 stating that he has already submit suitable reply on 01.03.2008
stating therein that the family settlement according to law is never reduced to
writing. Its basis is consent of parties and acting on settlement i.e. entering
into physical possession of property so settled.
Shri Surender Kumar Jain again submitted vide reply dated 23.11.2009
in continuation to their reply dated 18.11.2009 without submitting any
documentary evidence. Thereafter Shri Surender Kumar Jain vide application
dated 23.11.2010 has submitted affidavit of Chander Kumar jain, Vijender
Kumar Jain and Praduman Kumar Jain (co-recorded HOR) stating therein that
by virtue of a family settlement made between themselves apportioned the
properties left by late Shri Chiranjive Lal Jain amongst themselves and since
after the settlement entered into possession of properties aooprtioned in their
share and are since then living peacefully in their respective properties and
have no objection in mutation in the name of Shri Surender Kumar Jain.
Till date no family settlement as stated by the applicant again and again
in their reply/objection has been submitted except few affidavits of Co-recorded
HOR’s.
Earlier the said matter was forwarded to CBLA vide this office letter
dated 24.03.2008 regarding legal opinion whether Cantonment Board can
mutate the property in question in the name of the applicants on the basis of
affidavit/sworn by the applicants in the shape of family settlement. The CBLA
vide opinion dated 07.04.2008 has stated that Section 1 of the Indian Evidence
Act, 1872 provide that if do not apply to affidavit presented to any Court or any
Officer and a family settlement in the shape of affidavit is not family settlement
at all and do not have signatures of each members of family of each co-share. A
family settlement must be in writing on due stamp papers and duly registered
according to law or a decree of Civil Courts have been obtained on its basis as
per mutual settlement duly signed. An affidavit can not be treated as family
settlement and can not be used as evidence.
The lease already sanctioned by the competent authority for 2nd term
has not been executed by then lessee and till date, no execution has been made
in this regard and the present occupant has not submitted documents for
mutation.
The matter was again placed before the Board and the Board vide CBR
No. 172(129) dated 08.08.2012 resolved as under :
Considered. Shri Dinesh Goel suggested that the site be
resumed as for the last fifty years there was no renewal of lease and
at present the site is under unauthorized occupation.
The CEO explained that renewal of lease from 1961/ to 1991
was sanctioned by the competent authority but the renewal deed
was not executed by the lessee and the applicant has not submitted
required documents in spite of repeated reminders, therefore, matter
be referred to the Dte DE, Central Command for suitable advice.
However, after detailed discussion, it is recommended that the
matter be referred for scrutiny of documents by the committee.
Thereafter, a letter dated 21.01.2013 was issued to all the members of
committee for scrutiny of documents but no scrutiny was made by the
members till date.
The Eng. staff of Cantonment Board, Meerut has reported that there is
no encroachment, u/s const and Change of purpose but sub-division of site is
involved.
In view of the above, it is recommended that matter be forwarded to
higher authorities for their suitable instruction/advice as the applicant has not
submitted legal and valid documents for mutation and earlier sanction of lease
has not been executed till date & in the light of legal opinion of CBLA regarding
mutation of property in the name of applicant in this regard.
237. Recommendation Considered and recommended that the matter
be forwarded to higher authorities for their suitable instruction/advice as the
applicant has not submitted legal and valid documents for mutation and earlier
sanction of lease has not been executed till date on the basis of legal opinion of
CBLA regarding mutation of property. The competent authority may accord
sanction for determination of lease or like to may accord sanction for renewal of
lease alongwith necessary mutation by condoning the breach of lease terms in
favour of the person involve in the site by regularizing as under.
i)
Sub-division of site.
ii)
Execution of lease deed duly sanctioned by the competent authority
earlier.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
238. RENEWAL OF LEASE IN RESPECT OF PROPERTY UNDER SY. NO.
249/695/1.
It is submitted that as per GLR Sy. No. 249/695/1 the site described as
Northern Portion of H.No. 71 & 71-A, Mahavir Puri (Jamun Mohalla), BI Bazar,
Meerut Cantt having an area of 492.00 Sqft. and recorded in the name of Smt
Mansa Devi W/o Shri Shiam Lal on lease under schedule VIII of CLAR, 1937,
annual lease rent of Rs. 59.05. The date of expiry of lease has not been
disclosed in GLR at that time. The Director, Military Land and Cantonments
New Delhi vide letter dated 09.01.1973 stating therein that the date of
commencement of lease will be the date of execution of leases and rent should
also be re-covered accordingly.
It is submitted that a proposal for conversion of old grant site into lease
site in respect of property No. 71 & 71-A, Jamun Mohalla, BI Bazar, Meerut
Cantt was forwarded to the GOC-in-C, CC vide this office letter No.
1446/135/L/366 dated 25.08.1972. The Govt of India, Ministry of Defence vide
letter No. 702/7/L/L&C/71/10401/D(Lands) dated 24.10.1972 accorded
sanction for leasing of 492.00 Sqft of land comprising Sy.No. 249/695/1 to
House No. 71 & 71A, Mahavir Puri in the name of Smt Mansa Devi W/o Shri
Shiam Lal under schedule VIII of CLAR, 1937 for residential purpose on
payment of annual rent of Rs. 59.05 paise.
This office vide letter No. 1446/L/2482 dated 31.12.1973 requested the
lessee to deposit Rs. 59.80 on account of lease rent in advance for one year and
cost of 5 schedule VIII form for execution of lease. The same was deposited by
the lessee vide Receipt No. 815958 dated 18.02.1974. This office vide letter No.
1446/L/888 dated 14.04.1976 requested the lessee to submit non-judicial
stamp paper of the appropriate value for execution of lease.. The lessee vide
application dated 14.05.1976 had deposited stamp papers for Rs. 15/-.
This office vide letter No. 1446/L/5418 dated 28.12.1976 addressed to
Sub-Registrar Meerut and copy to lessee requested for registration of lease
deed in r/o of subject property. The Sub-Registrar, Meerut returned the same
vide objection dated 14.04.1977 that NOC of competent authority is required.
This office vide letter No. 1446/L/1712 dated 16.05.1977 requested the lessee
to submit the proforma for transmission to the competent authority ULC to
obtain permission from him u/s 27 of ULC Act, 1976. The same formalities was
fulfill by the lessee.
The Office of the ULC Meerut Cantt vide letter No. ULC/Meerut/H.No. 71
& 71-A/Form VIII/235/76 dated 29.06.1978 accorded sanction for registration
of renewal lease deed in favour of Smt Mansa Devi W/o Shri Shiam Lal in r/o
subject property for a period of 30 years w.e.f. 15.12.1976. This office vide
letter No. 1446/L/2596 dated 05.08.1978 again requested the Sub-Registrar
Meerut for execution of lease deed. The lessee vide letter dated 05.12.1978
informed that The Sub-Registrar has not executed the lease deed with the
objection that letter of ULC is not attached with the lease deed and requested
the same be provided for further necessary action in the matter. Thereafter no
action taken report is available on record. The lease deed on stamp paper has
handed over to the lessee in original is available on record and no execution
has been made till date and entry of lease has been made in GLR without
disclosing the date of expiry of lease.
The Engineering staff of this office has submitted report that there is no
sub-division of site and change of purpose but u/a construction and
encroachment on Govt/ land is involved.
In view of the above, it is recommended that the matter be referred to the
higher authorities for taking advise/guidelines in the matter as no execution of
lease as sanctioned by the Govt earlier has been made and entries for lease has
been made in GLR without execution of lease deed at that time.
238. Recommendation Considered and recommended that the matter
be referred to the higher authorities for taking advise/guidelines and issue
suitable instruction in the matter as no execution of lease as sanctioned by the
Govt earlier has been made and without execution of lease entries for lease has
been made in GLR. The competent authority may accord sanction for
determination of lease or like to may accord sanction for renewal of lease
alongwith necessary mutation by condoning the breach of lease terms in favour
of the person involve in the site by regularizing as under.
i)
Execution of lease deed duly sanctioned by the competent authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
239. MUTATION/RENEWAL OF LEASE IN RESPECT OF SY.NO 108/153 TO
SHOP NOS. 71,72,74 & H.NO. 73, R.A.BAZAR, MEERUT CANTT.
It is submitted that as per GLR Survey No. 108/153 the site described as
Shops No. 71,72,74 & House No. 73, R.A.Bazar having an area of 1722 sq.ft
and recorded in the name of Shri Ram Singh s/o Bal Mukund on old grant and
lease under Schedule VIII of CLAR, 1937 (out of which 117 sq.ft leased land)
and the lease has already expired in year 1976.
Shri Ram Singh (Recorded HOR) vide application dated 09.12.1966 has
submitted copy of sale deed dated 09.03.1960 executed for and on behalf of
City Munsif Meerut vide order dated 22.12.1959 in Execution No. 307 of 1959
Preet Singh and others v/s Smt. Ganga Yadav in favour of Shri Trilok Chand
Jain and Shri Abdul Rehman in respect of properties No. 71,72, 74, 144, 144A,
331 & 366 B, Top Khana Bazar.
Shri Trilok Chand and Abdul Rehman sold the property No. 71-74
R.A.Bazar to Shri Ram Singh vide registered sale deed dated 30.05.1960 and
on the basis of same sale deed the Cantonment Board made mutation in the
name of Shri Ram Singh vide letter dated 07.05.1971 for Shop No. 71,72,74 &
house No. 73, R.A. Bazar Meerut Cantt.
Originally the lease dated 3.8.1913 of Cantt Code 1912 for 117 sq.ft was
registered on 28.08.1913 for 33 years w.e.f. 03.08.1913 to 02.08.1946.
Thereafter the same was converted in Schedule VIII of CLAR 1937 and Govt. of
India accorded sanction for further renewal of lease for 30 years w.e.f.
03.08.1976 to 02.08.2006 vide letter dated 15.12.1977. But the same was not
executed by the lessee despite of repeated reminders.
That technical staff of this office reported on 24.12.1954 that building
No. 71,72,73,74 and 144 forms survey No. 108/153, in survey map of 1947-48,
1932-1933 house No. 144 is a part of survey No. 108/153.
The technical staff of this office again reported on 24.02.1956 that
according to survey map of 1932-33, 1947-48 and at site house No. 144 is a
part of building No. 71/74. In GLR plan there is no number 144.
That Shri Beer Singh s/o Late Shri Mahavir Singh applied for mutation
vide application dated 24.09.1979 in respect of property No. 71,72,73 & 74
R.A.Bazar Meerut Cantt on the basis of registered will dated 08.08.1979
executed by Shri Ram Singh (Recorded HOR) and also requested for renewal of
lease vide application dated 02.05.2008.
The technical staff of this office submitted report on 05.05.1980 that
sub-division of site is involved as House No. 144 is also involved in subject
survey number and the same is not shown in GLR.
Shri Trilok Chand and Abdul Rehman sold the property No. 144
R.A.Bazar to Shri Nand Lal vide sale deed dated 03.09.01960 and Shri Nand
Lal sold the same to Shri Ratan Singh & Dalip Singh vide sale deed dated
02.04.1962. Shri Ratan Singh and Dalip Singh applied for mutation vide
application dated 28.03.1988 but no action taken report on the same is
available on record.
It is submitted that area of the sites has not been disclosed in any sale
deeds. Shri Beer Singh present occupant has submitted a plan for area 811
sq.ft in respect of property No. 71-74, R.A. Bazar under his occupation.
The Cantonment Board, Meerut has recovered the taxes from the
occupants of House No. 144, RA Bazar, Meerut Cantt.
The technical staff also submitted report on 14.02.1992 stating that area
of House No. 73 and Shop Nos. 71, 72 & 74 comes 811 Sqft whereas entered in
GLR 1722 Sqft (including House No. 144) as Sy. No. 108/153.
The technical staff of this office again submitted report on 16.11.2010
that there is no encroachment, unauthorized construction and change of
purpose but sub-division of site is involved & House No. 144 is also included in
sy. No. 108/153.
In this case House No. 144 exist at site but not entered in GLR and at
present as per report of technical staff and survey map, the same is included in
subject survey number but the same has not been shown in GLR. On perusal
of plan annexed with the lease deed shown that the lease site is a part of
Property No. 71-74. The sanction of lease w.e.f. 1976 to 2006 has not been
executed till date & mutation in the name of applicant has not been considered
due to above facts, as such the matter be referred to the higher authorities for
their consideration/necessary directions in the matter.
239. Recommendation Considered and recommended that in this case
House No. 144 exist at site but not entered in GLR and as per report of
technical staff and survey map, the same is included in subject survey number
but the same has not been shown in GLR. The plan annexed with the lease
deed shown that the lease site is a part of Property No. 71-74. The sanction of
lease w.e.f. 1976 to 2006 has not been executed till date & mutation in the
name of applicant has not been considered due to above facts, as such the
matter be referred to the higher authorities for their consideration/necessary
directions in the matter. The competent authority may accord sanction for
determination of lease or like to may accord sanction for renewal of lease
alongwith necessary mutation by condoning the breach of lease terms in favour
of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question has been sold
without the prior permission of the competent authority.
ii)
Execution of lease duly sanctioned by the competent authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
240 Entry in GLR for lease site.
To consider application dated 11.04.2013 of Smt Sudharshan Rani for
renewal of lease adjoining house No. 484-486, Ghosi Mohalla, Lal Kurti, Meerut
Cantt.
It is informed that in the meeting of Civil Area Committee of Meerut
Cantonment Board held on 17.11.64 considered the application dated
17.07.1964 from Smt Dharam Devi and Shri Sunder Dass requesting for grant
of lease on B-4 land measuring 922 Sqft situated towards West & North of their
house Nos. 484-486 Ghosi Mohalla BI Bazar, Meerut Cantt. The CAC
recommended that application be forwarded to the Govt of India through GOCin-C with the request that the land applied for be granted on lease in schedule
VIII of CLAR, 1937 alongwith the site of original holding on payment of annual
rent of Rs. 37/- and a premium equal to 10 times of rent for the additional area
and the same recommendations was confirmed by the Board vide its CBR No.
1(9) dated 11.12.1964.
In compliance of above CBR, a proposal for grant of lease of B-4 land out
of Sy. No. 249/1257 BI Bazar for the extension of existing holding No. 484-486
was forwarded to the GOC-in-C, CC vide this office letter dated 13.01.1965
with request that sanction of lease of the above site measuring 2022 Sqft (1100
Sqft original holding plus 922 Sqft additional area) in Schedule VIII of CLAR,
1937.
The Govt of India, Ministry of Defence vide letter No.
18/143/L/L&C/66/1618/D(Lands) dated 13.03.1970 accorded sanction to
grant of lease of land measuring 922 Sqft out of Sy. No. 249/1257 Meerut
Cantonment found to be encroached upon to Shri Sunder Dass and Smt
Dharam Devi W/o Shri Mukhi Ram under Schedule VIII of CLAR, 1937 w.e.f.
27.10.1959 for a period of 30 years in the first instance renewal upto 90 years
on payment of annual rent of Rs. 110.64 and initial premium of Rs. 1,106.40.
Thereafter, the lease was duly registered with the office of Sub-Registrar
by the then lessee as Book No. 1 Vol 2082 Pages 551/572 as No. 3958 on
27.07.1977 as 1st term w.e.f. 27.10.1959 to 26.10.1989 but no entry made in
GLR at that time in this regard.
That Smt Sudharshan Rani vide application dated 11.04.2013 requesting
therein that she is residing of House No. 484-486, Ghosi Mohalla, Lal Kurti,
Meerut Cantt & adjoining to these properties, Govt land measuring 922 Sqft.
has granted on lease by the Govt of India under Schedule VIII for 90 years and
the same lease was granted in the name of my mother-in-law Smt Dharam Devi
and she has transferred the same in my name by registered will dated
01.09.2000 and other lessee Shri Sunder Das vide affidavit dated 19.09.2002
has granted no objection for renewal of lease in my favour and requested for
further renewal of lease.
As per documents submitted by Smt Sudharshan Rani with the
application dated 11.04.2013, it has come to the notice that Smt Dharam Devi
Co-lessee has expired on 03.05.2004. The other co-lessee Shri Dharam Das
vide affidavit dated 19.09.2002 has stated that lease deed for area measuring
922 Sqft adjoining to House No. 483-486 was executed by him and Smt
Dharam Devi and he has sold House No. 486 in the year 2002. He further
stated that he has no objection for renewal of lease in the name of Smt Dharam
Devi or their legal heirs. I have sold my House No. 486 and have no concern
with the lease site. On perusal of registered will dated 02.09.2000 executed by
Smt Dharam Devi in the name of Smt Sudharshan Rani W/o Shri Ram Lal, it
has come to the notice that the same is for House No. 483, 484 & 485 Ghosi
Mohalla in the name of Smt Sudarshan Rani only but no disclosure regarding
lease site is found available in this will. As per survey map of India, No. 483 is
exist but the same is not mentioned in GLR.
The Engineering staff of this office has submitted report that there is
encroachment on Govt land, unauthorized construction, sub-division of site
and change of purpose is involved.
May the matter be referred to the higher authorities for issue necessary
instructions/guidelines for taking further necessary action in the matter
regarding entry in GLR for lease site and whether the application for further
renewal of lease be considered or not as House No. 486 has already been sold
by one of the lessee and no number for lease site has been given by the
competent authority. Further violation of lease terms as sub-division and
change of purpose is also involved.
240. Recommendation Considered and recommended that the matter
be referred to the higher authorities for issue necessary instructions/guidelines
for taking further necessary action in the matter regarding entry in GLR for
lease site and whether the application for further renewal of lease be
considered or not as House No. 486 has already been sold by one of the lessee
and no number for lease site has been given by the competent authority.
Further violation of terms and conditions of lease as sub-division and change
of purpose is also involved. The competent authority may accord sanction for
determination of lease or like to may accord sanction for renewal of lease
alongwith necessary mutation by condoning the breach of lease terms in favour
of the person involve in the site by regularizing as under.
i)
Sub-division of site and change of purpose.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
241. LEASE IN RESPECT OF SY. NO. 357/201.
As per GLR Sy. No. 357/201, the site described as House No. 202/B,
Naya Bazar, Sadar, Meerut Cantt having an area of 311.50 Sq.ft. and recorded
in the name of Abdul Gaffar, Abdul Jabbar, Smt Bismillah and Noor Jahan
Sons and daughter of Late Shri Abdul Rehman on lease under Schedule VI of
CLA Rules, 1925 and the lease has already expired on 14.04.1966.
Regarding lease, it is submitted that the same was granted by the
competent authority in the year 1936 for renewal after every 30 years at the
option of the lessee upto 90 years w.e.f. 15.04.1936 to 14.04.1966 as 1st term.
Thereafter, the competent authority accorded sanction vide letter dated
29.12.1967 for further 30 years w.e.f. 15.04.1966 to 14.04.1996 as 2nd
term which was not executed by the then lessee till date.
It is informed that one Smt Saida Begum vide mutation application dated
24.06.2004 applied for mutation of Property No. 202, Naya Bazar, Sadar on the
basis of registered will dated 24.12.1985 executed by one Shri Malloo alias
Rashidan W/o Abdul Jabbar one of the co-recorded HOR. It has come to the
notice of Cantonment Board, Meerut that property has sold to various persons
by way of sub-division without any prior permission of the competent
authority.
That Cantonment Board Meerut issued letter on 08.04.2008 in the name
of Smt Saida Begum, Bittan and Aadesh Gupta, occupiers of the premises in
question directing them to submit necessary information/documents regarding
legal and valid possession on the property in question.
In reply to this office letter dated 08.04.2008, Shri Aadesh Gupta
submitted application for mutation/renewal of lease on 15.04.2008 alongwith
copy of registered sale deed dated 23.11.2005 executed by Smt Sahida alias
Saida W/o Shri Mohd Yadeen and daughter of Shri Abdul Jabbar in his favour,
the area measuring 12.54 Sq.mtr has been sold. In the sale deed, it has not
been disclosed whether the land underneath belongs to Govt of India and is
held on lease terms.
One Smt Bittan Devi W/o Late Shri Laloo also submitted mutation
application on 01.05.2008 with copy of sale deed dated 26.06.2006 executed by
Smt Oma Devi W/o Shri Ramesh Rathore in her favour. In the sale deed, Smt
Oma Devi has stated that she has purchased the same from Smt Sahida alias
Saida W/o Mohd Yameen and daughter of Abdul Jabbar vide sale deed dated
01.06.2006. The area measuring 16.72 Sq.mtr has been sold. In the said
sale deed, it has been stated that landlord of land of property in question is
Govt of India and is held on old grant terms instead of lease.
The Engineering staff of this office has submitted report that there is no
unauthorized construction and change of purpose but sub-division and
encroachment on Govt. land is involved.
In this case, sub-division of site by sale of property is involved and the
said sale/purchase is clear violation of terms and conditions of lease deed as
no permission from competent authority has been obtained before any
transaction and Govt rights etc has not been disclosed in sale deed. The
sanction for renewal of lease earlier granted by the Govt upto 1996 has not
been executed till date. As such, the matter may be referred to the higher
authorities for issuing necessary instructions/advice for taking further
necessary action in the matter regarding mutation/renewal of lease of site in
question.
241. Recommendation Considered and recommended that sub-division
of site by sale of property is involved in the matter and the sale/purchase of
lease property is clear violation of terms and conditions of lease deed as no
permission from competent authority has been obtained before any transaction
and Govt rights etc has not been disclosed in sale deed. The sanction for
renewal of lease earlier granted by the Govt upto 1996 has not been executed
till date. As such, the matter may be referred to the higher authorities for
issuing necessary instructions/advice for taking further necessary action in the
matter regarding mutation/renewal of lease of site in question. The competent
authority may accord sanction for determination of lease or like to may accord
sanction for renewal of lease alongwith necessary mutation by condoning the
breach of lease terms in favour of the person involve in the site by regularizing
as under.
i)
ii)
Condonation of breach of lease as property in question has been sold to
the various persons without the prior permission of the competent
authority.
Execution of lease duly sanctioned by the competent authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
242. MUTATION/RENEWAL OF LEASE
Board is informed that as per GLR Sy. No. 357/1746/7, the site
described as Shops 178/X, Cariappa Street, Meerut Cantt having an area of
measuring 2086 Sq.ft and recorded in the name of (1) Smt Pushpa Suri W/o
Late Kishan Lal Suri (2) Shri Rajeev Suri (3) Shri Sanjeet Suri and (4) Shri
Sandeep Suri Sons of Shri Kishan Lal Suri is held on lease under Schedule VIII
of CLA Rules, 1937. The lease has already expired on 17.07.1994.
That as per GLR Sy. No. 357/1746/6, the site described as dwelling
house 178/X, Cariappa Street, Meerut Cantt having an area of measuring 5870
Sq.ft and recorded in the name of Kishan Lal Suri S/o Late Gurdass Mal Suri
is held on lease under Schedule VIII of CLA Rules, 1937. The lease has already
expired on 17.09.1994.
That Shri Kishan Lal Suri has expired on 22.03.1981.
That the legal heirs of Shri Kishan Lal Suri namely (1) Smt Pushpa Suri
W/o Late Kishan Lal Suri (2) Shri Rajeev Suri (3) Shri Sanjeet Suri and (4) Shri
Sandeep Suri Sons of Shri Kishan Lal Suri made a family settlement on
03.06.1997 which was confirmed by the decree passed in OS No. 517/1997 on
26.08.1997 by the Court of VIth Civil Judge, Meerut and divided the properties
as under :
Pushpa Suri - Ground floor of residential house situated on the back of 05
shops jointly with Shri Sandeep Suri and after death of Smt Pushpa Suri,
Sandeep Suri became the sole owner of the said ground floor.
Rajeev Suri – Shop No. T-4, T-5 and residential portion situated on Ist floor of
05 shops & its terrace, 02 stair case for the first floor situated on the back of
Shop No. T-1 and T-5 respectively. Triangular plot situated on the Western Side
of House of Smt Ved Suri and Smt Soma Suri.
Sanjeev Suri – Shop No. T-1 and T-2 and First floor of residential building and
its terrace situated on the back of 05 shops.
Sandeep Suri – Shop No. T-3 and residential building of ground floor situated
on the back of shop alongwith his mother Smt Pushpa Suri and after death of
her mother he became the owner of the whole of ground floor of the residential
building situated on the back of shop.
It is also written in the family settlement that daughter of Shri Kishan
Lal Suri, Smt Rashmi Sahani W/o Shri Pankja Kumar did not claim any right,
title or interest in the property left by Shri Kishan Lal Suri.
Board is informed that till date property under Sy. No. 357/1746/6 is
recorded in the name of Shri Kishan lal Suri S/o Late Lala Gurdass Mal Suri.
As per record of this office, the part of the properties has been sold to
various persons without prior permission of the competent authority :
1. Shri Rajeev Suri sold the portion of Property 178X measuring 742 Sq.ft
to Shri Suresh Kumar Anand vide registered sale deed dated 21.04.1999.
2. Shri Sanjeev Suri sold the Shop No. T-2 area measuring 410 Sq.ft to Shri
Pawan Kumar Mittal vide sale deed dated 16.02.2004.
3. Shri Rajeev Suri also sold Shop NO. T-4 and T-5 including hall at first
floor area measuring 690 Sq.ft to Shri Shambhu Nath Anand and Smt
Meena Anand vide sale deed dated 21.11.2003.
As per tax record, the bills for realizing House Tax/Water Tax are going
on in the following owner/occupiers of premises in question.
(a)
(b)
(c )
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
Pawan Kumar Mittal
Suresh Anand
Ved Suri
Madan Lal, Yogener Kr Shambu Anand & another Ankit Rastogi & another Kishan Lal Suri
Sandeep Suri
Gurdeep Kaur & another
Sanjeev Suri and others Rajiv Suri and others
Mohd Matin
178x T-2
178 x T-7
178x T-6
178x T-3
178x T-4/T-5 part
178x -1-1 part
178x –T-1 part
178x part
178 x (T-6 part 1)
178x T part-1
178 x/part
178x T-1 part
In view of the above it is clear that there are various sub-division of site
and properties have sold to the various persons without obtaining prior
permission of the competent authority against the terms and conditions of
lease deed and unauthorized constructions also involved in the property in
question and it is possible that residential portion of the property are being
used for commercial purpose by way of unauthorized construction and the
same can be verified from the site in question by the Engineering staff of this
office. It is also informed that all of the above occupiers have not submitted
application for mutation/renewal of lease with supporting documents before
the Cantonment Board Meerut.
Some of the occupiers/recorded HOR has applied for mutation/renewal
of lease only without supporting documents and they were directed to submit
necessary information/documents by this office but they failed to comply the
directions and not submitted complete information/documents for taking
furhter necessary action in the matter.
The engineering staff has submitted report that no encroachment and
change of purpose but unauthorized construction and sub-division of site is
involved.
In view of the above it is clear that various sub-division of site and
unauthorized constructions is involved in the property in question and the
recorded HOR/Legal heirs of recorded HOR have sold the property in question
to the various persons in parts without obtaining prior permission of the
competent authority and against the terms and conditions of the lease deed. As
such it is recommended that the matter be referred to the higher authorities for
instructions/guidelines in the matter for taking further action for
mutation/renewal of lease.
242. Recommendation Considered and recommended that sub-division
of site and unauthorized constructions is involved in the property in question
and the recorded HOR/Legal heirs of recorded HOR have sold the property in
question to the various persons in parts without obtaining prior permission of
the competent authority which is against the terms and conditions of the lease
deed. It is recommended that the matter be referred to the higher authorities
for instructions/guidelines in the matter for taking further action for
mutation/renewal of lease. The competent authority may accord sanction for
determination of lease or like to may accord sanction for renewal of lease
alongwith necessary mutation by condoning the breach of lease terms in favour
of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property in question has been sold to
the various persons without the prior permission of the competent
authority.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
243. MUTATION/RENEWAL OF LEASE
Board is informed that as per GLR Sy. No. 183/747, the site described
as site for two bungalows (No.) 270B & 270C, Tandel Mohalla, BC Bazar,
Meerut Cantt having an area of measuring 0.746 acre and recorded in the
name of Mr. Jagdishwar Dayal is held on lease under Schedule VIII of CLA
Rules, 1937. The lease has already expired on 31.01.1978.
That Shri Jagdishwar Dayal recorded HOR of above property was expired
in year 1976.
That the legal heirs of Shri Jagdishwar Dayal Gupta namely (1) Shri
Sureshwar Dayal Gupta (2) Shri Maheshwar Dayal Gupta (3) Shri Gyaneshwar
Dayal Gupta and (4) Shri Yogeshwar Dayal Gupta made a family settlement on
01.01.1996 which was confirmed by the Bench of Permanent Lok Adalat vide
order dated 09.05.2000 and the property in question divided as under:
As per copy of family settlement dated 01.01.1996 available in this office
record, filed before the Court of Civil Judge (Senior Division), Meerut in
Original Suit No. 15 of 1996 as confirmed above vide para (4) has stated that :
There was a family settlement amongst of four sons of Shri JD Gupta in
the month of Jan’1977 according to which the Eastern half portion of Kothi
came into the share of Shri Sureshwar Dayal Gupta and Shri Gyaneshwar
Dayal Gupta and Western half portion came into the share of Shri Maheshwar
Dayal Gupta and Shri Yogeshwar Dayal Gupta.
That in para (6) of said family settlement, It has been stated that again
on Dushera in 1978, there was a settlement between Shri Gyaneshwar Dayal
Gupta and Shri Sureshwar Dayal Gupta by virtue of which Eastern half portion
of Kothi No. 270, Shivaji Colony, Meerut Cantt became the exclusive property
of Shri Sureshwar Dayal Gupta from 1978 onwards.
That in Para (7) of the said family settlement, it has been stated that a
settlement was arrived amongst between Shri Sumneshwar Dayal Gupta S/o
Shri Sureshwar Dayal Gupta Vs. Sureshwar Dayal Gupta & others regarding
Eastern half portion of said kothi and the same was divided in 05 portions
between the following :
1.
2.
3.
4.
5.
Shri
Shri
Shri
Shri
Shri
Sanjeev Gupta S/o Shri Sureshwar Dayal Gupta
Sumneshwar Dayal Gupta S/o Shri Sureshwar Dayal Gupta
Anurag Agarwal S/o Shri Sureshwar Dayal Gupta
Pradeep Agarwal S/o Shri Sureshwar Dayal Gupta
Mukesh Agarwal S/o Shri Sureshwar Dayal Gupta
That Shri Rajender Kumar Mittal S/o Shri Baikunth Lal Mittal and Smt
Rajni Mittal W/o Shri Rajender Kumar Mittal filed a Suit No. 376/06 titled as
Rajender Kumar & another Vs. Sureshwar Dayal & another before the Civil
Judge Meerut for declaration that plaintiff i.e. Rajender Kumar Mittal and Rajni
Mittal be declared owner of the Property as shown in plan as ABCD situated at
270 , Tandel Mohalla, BC Bazar, Meerut Cantt.
The Court of Civil Judge (Junior Division) vide decree dated 31.01.2007
declared that the plaintiff are the owner of property shown in the plan as ABCD
of Property No. 270, Tandel Mohalla, BC Bazar, Meerut Cantt and restrained
the defendant not to interfere in use and possession of plaintiff’s property.
As per tax record, the bills for realizing House Tax/Water Tax are going
on in the following owner/occupiers of premises in question.
(a)
(b)
do(c )
(d)
(e)
(f)
(g)
(h)
Sanjeev Gupta
Sumneshwar Dayal Gupta
MD Gupta
Santosh Gupta
Mukesh Gupta
Pradeep Agarwal
Sureshwar Dayal Gupta
BK Mittal
- 270B/Part
through Smt Saroj & Pranab -
-
-do-do-do-do-do270,C
As per record of this office, name of Shri Sumneshwar Dayal Gupta S/o
Shri Sureshwar Dayal Gupta has been entered in tax register under section 73
of CA, 1924 for tax purpose only vide this office letter dated 04.10.2000. Shri
Anurag Agarwal, Shri Pradeep Agarwal, Shri Mukesh Agarwal and Shri Sanjeev
Gupta all sons of Shri SD Gupta applied for mutation vide applications dated
02.07.2002 and renewal of lease vide applications dated 26.06.2002.
The matter for mutation and renewal of lease on the application of Shri
Mukesh Agarwal, Shri Anurag Agarwal and Shri Pradeep Agarwal were placed
before the Board and the Board vide CBR No. 763(114, 115 & 116)) all dated
02.03.2003 recommended that a proposal be initiated to the higher authorities
for renewal of lease and vide CBR No. 763 (111, 112 & 113) all dated
02.03.2003 recommended that the name of the applicant be entered in tax
register subject to clearance of upto date taxes and composition fee Rs. 100/and on receipt of sanction of subsidiary survey number the name of the
applicant’s be entered in GLR. The Board further recommended that a proposal
for subsidiary survey No. 183/747/1 under clause of lease agreement be
initiated to Govt of India/higher authorities. No compliance report on the
resolutions thereafter is available on record.
That one Shri Bhupinder Mittal S/o Late Shri BN Mittal vide application
dated 15.03.2005 has requested only to renew the lease for further 30 years
from the date of expiry i.e. 31.01.1978 without giving any legal and valid
documentary evidence regarding possession of the property in question.
Thereafter, Shri Rajinder Nath Mittal S/o Shri Baikunth Lal Mittal and
Smt Rajni Mittal W/o Shri Rajinder Nath Mittal have applied for mutation vide
application dated 03.06.2006 in respect of property No. 270C, Tandel Mohalla
BC Bazar, Meerut Cantt along with affidavit and death certificate of Shri
Bhupinder Mittal S/o Late Shri Baikunth Nath Mittal. In their affidavit they
have stated that Shri Rajinder Nath Mittal and Shri Bhupinder Mittal are sons
of Late Shri Baikunth Lal Mittal. They have also stated that Shri Bhupinder
Mittal was unmarried and he has no child. They are the only successor of said
property. The Cantt Board Meerut vide letter dated 22.08.2006 directed the
applicants to submit documentary evidence regarding their claim on the
property in question.
That as per available record, Shri Rajinder Kumar Mittal and Smt Rajni
Mittal filed a suit No. 396 of 2007 titled as Rajinder Kumar Mittal & another
Vs. Sureshwar Dayal Gupta before the Court of Civil Judge (Junior Division)
Meerut with request that the plaintiff be declared owner of the property shown
as ABCD of 270C, Tandel Mohalla, BC Bazar in the plan with the plaint and
defendant be restrained not to interfere their possession and use of property in
question. The Hon’ble Court vide order/decree dated 31.01.2007 declared the
plaintiff as owner of the property as shown ABCD situated in Property No.
270C, Tandel Mohalla, BC Bazar & directed the defendant not to interfere in
use and possession of property of plaintiffs.
That Shri R.N.Mittal vide application dated 24.01.2003 requested for
renewal of lease for property No. 270C, Tandel Mohalla. Smt. Santosh Gupta
w/o Late Shri Yogeshwar Dayal Gupta, Shri SD Gupta s/o Late Shri JD Gupta,
Pranav Aggarwal s/o Late Shri Sumneshwar Dayal Gupta, Mukesh Aggarwal
and Pradeep Aggarwal sons of Shri SD Gupta and MD Gupta s/o Late Shri JD
Gupta also submitted willingness for renewal of lease in part of property in
question in year 2008 without supporting any documentary evidence.
In view of the above it is clear that there are various sub-division of site
and properties have been sub-divided into the various persons against the
terms and conditions of lease deed and unauthorized constructions also
involved in the property in question against which notices have been issued by
the Cantonment Board Meerut from time to time and it is possible that
residential portion of the property are being used for commercial purpose by
way of unauthorized construction and the same can be verified from the site in
question by the Engineering staff of this office. It is also informed that all of the
above occupiers have not submitted application for mutation/renewal of lease
with supporting documents before the Cantonment Board Meerut.
Some of the occupiers/recorded HOR has applied for mutation/renewal
of lease only without supporting documents and they were directed to submit
necessary information/documents by this office but they failed to comply the
directions and not submitted complete information/documents for taking
further necessary action in the matter.
The Engineering staff of this office has submitted report that there are no
change of purpose but u/a construction, encroachment on Govt. land and subdivision of site is involved.
In view of the above, it is clear that various sub-division of sites are
involved in the property in question which is clear violation of terms and
conditions of lease deed. There are unauthorized constructions involved in the
property in question and necessary notices have already been issued to the
various offenders from time to time. The lease has already expired in 1978 and
time for further renewal w.e.f. 1978 to 2008 has lapsed and at present there
are no lease. As such, it is recommended that the matter be referred to the
higher authorities for instructions/guidelines in the matter for taking further
action for mutation/renewal of lease in the matter.
243. Recommendation Considered and recommended that sub-division
of sites are involved in the property in question which is clear violation of terms
and conditions of lease deed. The unauthorized constructions is also involved
in the property in question and necessary notices have already been issued to
the various offenders from time to time. The lease has already expired in 1978
and time for further renewal w.e.f. 1978 to 2008 has lapsed and at present
there are no lease. It is recommended that the matter be referred to the higher
authorities for instructions/guidelines in the matter for taking further action
for mutation/renewal of lease in the matter. The competent authority may
accord sanction for determination of lease or like to may accord sanction for
renewal of lease alongwith necessary mutation by condoning the breach of
lease terms in favour of the person involve in the site by regularizing as under.
i)
Condonation of breach of lease as property has been sub-divided into
various parts.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
244. DETERMINATION OF LEASE.
To consider letters dated 01.02.2008, 24.03.2008, 15.05.2008,
06.10.2010 and 26.08.2014 issued by the Cantt Board Meerut in the name of
Shri Ainul Haque S/o Shri Gafoor Ahmad regarding submission of documents
for mutation/renewal of lease in respect of Property No. 86, Pant Puri, Maida
Mohalla, BI Bazar, Meerut Cantt.
As per GLR property described as House No. 86, Pant Puri (Maida
Mohalla), BI Bazar, Meerut Cantt comprising Sy. No.249/142/3 having an
area of 223 sq ft. on lease and recorded in the name of Mosque No. 85, Pant
Puri through Shri Riyazul Hasan Trustee. The lease has already expired on
10.11.97.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1937 for 90 years renewal at option of the lessee every 30 years in respect
of property in question w.e.f. 11.11.1937 to 10.11.1967. Thereafter competent
authority accorded sanction for 2nd terms w.e.f. 11.11.1967 to 10.11.1997 on
the annual rent of Rs. 1.59 per annum.
The 3rd and final terms for renewal of lease w.e.f. 11.11.1997 to
10.11.2027 on the enhanced rent by 50% comes to Rs. 2.40 per annum is left
for renewal.
Board is informed that this office vide letters as mentioned above was
requested to present occupant to submit necessary information/documents for
mutation/renewal of lease but he not submitted any documents except
application dated nil received on 25.02.2008 stating therein that trustee has
been changed and lease be renewed in his favour but documents as required
by this office for mutation/renewal has not been submitted inspite of several
reminders.
The Engineering staff of this office has submitted report that there is no
sub-division, u/a construction, encroachment on Govt. land and change of
purpose.
In view of the above, it seems that present occupant of the premises in
question is not interested to submit information/documents for
mutation/renewal as such it is recommended that matter for determination of
lease in the absence of necessary information/documents be forwarded to the
higher authorities.
244. Recommendation Considered and recommended that
renewal of lease be forwarded to the higher authorities. The
Committee recommended that since the property is for the purpose
renewal may be accorded by the competent authority even
documents is not available as it pertains to the trustee.
matter for
Civil Area
of mosque,
necessary
245. DETERMINATION OF LEASE.
To consider application for mutation and willingness for renewal of lease
both dated 23.07.2008 submitted by Shri Kunwar Bhan Wadhwa S/o Late Shri
Manghar Dass and Smt Pushpa Wadhwa W/o Shri Kunwar Bhan Wadhwa for
mutation/renewal of lease in respect of Property No. 151, Handia Mohalla, BI
Bazar, Meerut Cantt.
As per GLR property described as House No. 151, Handia Mohalla, BI
Bazar, Meerut Cantt comprising Sy. No.249/1129 having an area of 477 sq ft.
out of which 257 ¼ Sqft is held on lease and rest on old grant terms and
recorded in the name of Shri Wazir Chand S/o Jeevan Dass. The lease has
already expired on 09.12.92.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1932 for 90 years renewal at option of the lessee every 30 years in respect
of property in question w.e.f. 10.12.1932 to 09.12.1962. Thereafter competent
authority accorded sanction for 2nd terms w.e.f. 10.12.1962 to 09.12.1992 on
the annual rent of Rs. 3.84 per annum.
The 3rd and final terms for renewal of lease w.e.f. 10.12.1992 to
09.12.2022 on the enhanced rent by 50% comes to Rs. 5.76 per annum is left
for renewal.
Board is informed that this office vide letter dated 22.07.1997 requested
the lessee Shri Wazir Chand S/o Sh Jeevan Das to submit willingness for
further renewal of lease. That Shri Kunwar Bhan Wadwa and Smt Pushpa
Wadhwa vide application dated 26.09.2002 requested for mutation alongwith
copy of sale deed. The Cantonment Board Meerut vide letter dated 18.07.2008
informed the applicants that u/a occupation and sub-division of site are
involved in the property in question which is clear violation of terms and
conditions of lease. On the same above named applicant vide application dated
23.07.2008 again requested for mutation on the basis of registered sale deed
dated 03.02.1993 executed by Shri Wazir Chand recorded lessee in favour of
applicant. In the said sale deed area measuring 28.58 Sq.mtr has been written
which is area of lease site only and the same written as old grant terms instead
of lease. The applicant vide letter dated 23.07.2008 stated that there are no
sub-division of site and he is sole owner of the property in question. This office
vide letter dated 17.01.2009 directed the applicant to submit certain
information/documents for further necessary action in the matter. Thereafter,
reminders dated 06.10.2010 and 26.08.2014 for submission of necessary
information/documents were sent to the applicants but they failed to submit
information/documents till date.
The Engineering staff of this office has submitted report that there is no
encroachment on Govt. land, u/a construction and change of purpose but subdivision of site is involved.
In view of the above, it seems that present occupants of the premises in
question is not interested to submit complete information/documents for
mutation/renewal, the site has been purchased without prior permission of the
competent authority and against the terms and conditions of lease, as such it
is recommended that matter for determination of lease in the absence of
necessary information/documents and terms and condition of lease be
forwarded to the higher authorities.
245. Recommendation -
Considered and recommended that matter for
determination of lease in the absence of necessary information/documents be
forwarded to the higher authorities. The competent authority may accord
sanction for determination of lease or like to may accord sanction for renewal of
lease alongwith necessary mutation by condoning the breach of lease terms in
favour of the person involve in the site by regularizing as under.
i)
ii)
Condonation of breach of lease as property has been sold without
prior permission of the competent authority.
Sanction for further renewal of lease we.f. 10.12.1992.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
246. DETERMINATION OF LEASE.
As per GLR property described as House No. 16, 16-a & 16-b, Ranjit Puri
(Machli Mohalla), Sadar, Meerut Cantt comprising Sy. No. 357/1147 having an
area of 1286.190 sq ft. and recorded in the name of Smt Bughi Devi W/o
Changa Mall on lease terms under Schedule VI of CLAR, 1925. The lease has
already expired on 14.06.1993.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1933 for 90 years renewal at option of the lessee for renewal of lease
after every 30 years in respect of property in question w.e.f. 15.06.1933 to
14.06.1963. Thereafter competent authority accorded sanction for 2nd terms
w.e.f. 15.06.1963 to 14.06.1993 on the annual rent of Rs. 20.82 per annum.
The 3rd and final terms for renewal of lease w.e.f. 15.06.1993 to
14.06.2023 on the enhanced rent by 50% comes to Rs. 31.25 per annum is left
for renewal.
Board is informed that Smt Shakuntala Jain W/o Shri Jai Chand vide
application dated 28.10.1987 requested for mutation on the basis of registered
will dated 18.08.1986 executed by her husband Shri Jai Chand Jain S/o Late
Shri Changa Mal in her favour. In the said will Shri Jai Chand has stated that
he became the owner of the property on the basis of will dated 15.09.1970
executed by her mother and father namely Smt Bughi Devi and Shri Changa
Mal. That various correspondence upto 1993 between the party and the
applicant is available on record which shows that complete information was
never submitted by Smt Shakuntala Devi for mutation and no mutation in her
name was made at that time.
That Smt Shakuntala Devi legal heir of the recorded lessee sold the part
of property in question measuring 93 Sq.ft to Smt Premwati W/o Shri Ramesh
Chand vide registered sale deed dated 20.08.1993 without prior permission of
the competent authority and against the terms and conditions of lease deed.
On the basis of same sale deed, Smt Premwati W/o Shri Ramesh Chand
applied for mutation vide application dated 01.01.1994 and the matter was
placed before the Board and the Board vide CBR No. 127(66) dated 16.01.1998
recommended that name of Smt Premwati W/o Shri Ramesh Chand be entered
in Tax register only subject to clearance of upto date taxes. This office vide
letter dated 27.01.1998 and 23.10.1999 requested the applicant to submit
copy of receipt of payment of House tax/Water tax but she failed to submit the
same and no action taken report thereafter is available on record.
This office vide letter dated 08.04.2008 requested Smt Premwati and Smt
Shakuntala Jain to submit necessary information/documents for mutation/
renewal of lease. On the same letter Smt Manju Rani W/o Shri Manoj Kumar
applied for mutation vide application dated 19.04.2008 alongwith copy of
registered sale deed dated 04.09.2003 executed by Shri Ramesh Chand
Sharma and others who purchased the same from Smt Premwati earlier on
20.08.1993. In the said sale deed, it has been written that shop has been sold
as such and land is held on old grant term instead of lease.
That Smt Shakuntala Devi again applied for mutation on 28.08.2009 on
the basis of registered will as stated above. The Cantonment Board vide letter
dated 23.08.2014 directed the applicant to submit certain information/
documents for taking further necessary action in the matter. In reply to the
same, Smt Shakuntala Devi vide letter dated 08.09.2014 has submitted
incomplete information stating therein that he has sold the part of the
premises in question Smt Prem Wati W/o Shri Ramesh Chand another to Shri
Munna Lal & other and not submitted complete information as demanded by
this office.
A letter was also sent to Smt Manju Rani W/o Shri Manoj Kumar
purchaser the part of the property in question to submit information/
documents for further mutation/renewal. That process server has reported that
at site husband of the applicant was met on site and after read the letter he
refused to receive the same stating that he has sold the property to other
person and he has no concerned with the matter. The letter was sent through
registered post.
The Engineering staff of this office has submitted report that subdivision of site, unauthorized construction, encroachment on Govt. land and
change of purpose are involved.
In view of the above, it seems that present occupants of the premises in
question is not interested to submit complete information/documents for
mutation/renewal, the site has been sold to various persons without prior
permission of the competent authority against the terms and conditions of
lease and at present sub-division of site and change of purpose are also
involved in the property which is clear violation of lease terms, as such it is
recommended that matter for determination of lease in the absence of
necessary information/documents and violation of terms and conditions of
lease be forwarded to the higher authorities.
246. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents and
violation of terms and conditions of lease be forwarded to the higher
authorities. The competent authority may accord sanction for determination of
lease or like to may accord sanction for renewal of lease alongwith necessary
mutation by condoning the breach of lease terms in favour of the person
involve in the site by regularizing as under.
i)
ii)
iii)
Condonation of breach of lease as property has been sold without
prior permission of the competent authority.
Change of use of property as the site is partly being used for
commercial purpose.
Sanction for further renewal of lease w.e.f. 15.06.1993.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
247. DETERMINATION OF LEASE.
As per GLR property described as House No. 345, 346 & 347, Ghosi
Mohalla, BI Bazar, Meerut Cantt comprising Sy. No. 249/813 having an area
of 1294 sq ft. (out of which 318 Sqft lease land only) and recorded in the
name of Sunder Dass S/o Perma Nand, Jinda Ram S/o Nanda Ram. The lease
has already expired on 13.09.1989.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1929 for 90 years renewal at option of the lessee for renewal of lease after
every 30 years in respect of property in question w.e.f. 14.09.1929 to
13.09.1959. Thereafter competent authority accorded sanction for 2nd terms
w.e.f. 14.09.1959 to 13.09.1989 on the annual rent of Rs. 4.79 per annum.
The 3rd and final term for renewal of lease w.e.f. 14.09.89 to 13.09.2019
on the enhanced rent by 50% comes to Rs. 7.20 per annum is left for renewal.
Board is informed that this office vide letter dated 18.02.1988 informed
the recorded lessee that date of expiry of lease is 13.09.1989 and requested to
submit willingness for further renewal of lease. On the same letter one Smt
Ram Pyari vide application dated 18.03.1988 requested for further renewal of
lease stating therein that Shri Sunder Dass and Jinda Ram (recorded lessee)
have expired. This office vide letter dated 26.04.1988 asked Smt Ram Pyari to
intimate under what capacity she has applied for renewal of lease and directed
to apply for mutation with documentary evidence. No reply was submitted by
Smt Ram Pyari in this regard.
That Shri Mumtaz Alam Khan S/o Sh Fateyab and Shri Jamshed Alam
S/o Shri Sartaz Alam applied for mutation vide application dated 17.12.97
alongwith site plan and copy of regd sale deed dated 18.10.97 executed by Shri
Jagdish Kumar S/o Shri Sunder Dass for and on behalf of registered Power of
Attorney executed by other legal heirs of Shri Sunder Dass in his favour. On
perusal of sale deed, it was come to the notice that in the sale deed it is written
that the site is held on old grant terms and in sale deed property No. 357 &
347 has been written and there are no mention regarding property No. 346.
In this regard, a letter dated 02.04.2008 was sent to the applicant for
submission of necessary information/documents to process the case further.
No reply of the same had been submitted by the applicants and this office sent
reminder on 15.05.2008 and 06.10.2010 for submission of necessary
information/documents. In reply to the same the applicants submitted affidavit
dated 02.09.2011 stating therein that they have purchased the Houses No.
345, 346 & 347, Ghosi Mohalla, Meerut Cantt but due to mistake by deed
writer, House No. 345 & 347 had been written and the boundaries are correct
as per GLR and mutation on House No. 345, 346 & 347 in their name be made.
On the same application, the Cantonment Board Meerut vide letter dated
28.02.2013 again directed the applicants to submit necessary information/
documents for taking further necessary action in the matter and the applicants
vide letter dated 09.04.2013 submitted incomplete information alongwith
certain documents which found not relevant. Thereafter this office vide letter
dated 26.08.2014 again requested the applicant to submit necessary
information/documents but they failed to submit the same with the office of
Cantonment Board Meerut well in time.
The Engineering staff of this office has submitted report that there are no
sub division, change of purpose and u/a construction but encroachment on
Govt land is involved.
In view of the above, it seems that present occupants of the premises in
question is not interested to submit complete information/documents for
mutation/renewal, the site has been purchased by the applicants without prior
permission of the competent authority against the terms and conditions of
lease, as such it is recommended that matter for determination of lease in the
absence of necessary information/documents and violation of terms and
conditions of lease be forwarded to the higher authorities.
247. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents
and violation of terms and conditions of lease be forwarded to the higher
authorities. The competent authority may accord sanction for determination of
lease or like to may accord sanction for renewal of lease alongwith necessary
mutation by condoning the breach of lease terms in favour of the person
involve in the site by regularizing as under.
i)
ii)
Condonation of breach of lease as property has been sold without
prior permission of the competent authority.
Sanction for further renewal of lease w.e.f. 14.09.1989.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
248. DETERMINATION OF LEASE.
Reference CBR No. 530 dated 29/30.05.2008.
To consider mutation application dated 17.12.2007 and willingness for
renewal of lease dated 09.04.2008 submitted by Smt Savitri Devi W/o Shri
Raimal Dass in respect of property No. 92, Jublee Ganj, BC Bazar, Meerut
Cantt.
As per GLR House No. 92, Guru Govind Puri (Jublee Ganj) BC Bazar,
Meerut Cantt comprising Survey No. 183/183 having an area of 926 Sqft on
lease terms under schedule VIII of CLA Rules, 1937, and recorded in the name
of Mohd Ramzan S/o Shri Umrao. The lease has already expired on
31.03.1978.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1948 for 90 years renewal at option of the lessee for renewal of lease after
every 30 years in respect of property in question w.e.f. 01.04.48 to 31.03.1978.
That this office vide letter No. 418/L/1551 dated 01.09.1984 directed the
recorded HOR to submit their willingness for renewal of lease. Smt Savitri Devi
vide application dated 11.09.1984 request for renewal of lease for further 30
years without any legal documents regarding possession of the property in her
favour. The Cantonment Board Meerut vide letter dated 21.09.1987 directed to
Smt Savitri Devi to submit documents for mutation otherwise the matter will
be placed before the Board.
Thereafter, Smt Savitri Devi submitted application for mutation on
17.12.2007 with unregistered agreement to sale on 14.11.1972 executed by
Shri Bihari Lal S/o shri Khandu Ram. Shri Bihari Lal purchased the same
from Shri Mohd Ramzan S/o Umrao (Recorded HOR) vide unregistered sale
deed dated 14.03.1966 as stated in said agreement. Thereafter, Smt Savitri
Devi was directed to submit information/documents vide letter dated
31.03.2008, Smt Savitri Devi vide application alongwith affidavit dated
09.04.2008 informed that she has purchased the property from Shri Bihari Lal
and mutation/renewal be made in her name. That Cantonment Board Meerut
vide letter dated 10.04.2008 directed the applicant to submit legal and valid
documents regarding possession over the property in question. Smt Savitri
Devi vide application dated 15.04.2008 has stated that due to ban by the UP
Govt on the sale deed the same was not got registered at that time. This office
vide letter dated 418/L/398 dated 03.05.2008 requested to Cantt Board Legal
Advisor to render their opinion whether the Cantonment Board can mutate the
name of the applicant on the basis of unregistered agreement to sale. The
CBLA vide their opinion dated 06.05.2008 opined that on the basis of
unregistered agreement to sell mutation can not be effected.
The matter was placed before the Board and the Board vide CBR under
reference considered and observed that the applicant has not submitted
registered sale deed regarding possession of property in question and opinion
of CBLA was also considered and resolved that on the basis of unregistered
agreement to sale, mutation/renewal of lease can not be effected. The applicant
be directed to show cause within 07 days as to why he should not be treated as
u/a occupant and legal action be taken against him accordingly. The higher
authorities be informed accordingly.
In compliance of the above CBR, a show cause notice dated 07.07.2008
was issued and served upon the offender on 09.07.2008 and Dte DE was also
informed vide this office letter No. 418/L/269 dated 07.07.2008. The applicant
vide application dated 14.07.2008 denied the contents of the show cause notice
and not submitted documents till date.
A letter dated 26.08.2014 was also forwarded to the applicant to submit
legal and valid documents for mutation/renewal of lease but she failed to
submit the same.
The engineering staff of this office has submitted report that there are no
sub division and change of purpose but u/a construction and encroachment
on Govt land are involved.
In view of the above, it seems that present occupants of the premises in
question is not interested to submit complete information/documents for
mutation/renewal, the site has been purchased by the applicant without prior
permission of the competent authority against the terms and conditions of
lease, as such it is recommended that matter for determination of lease in the
absence of necessary information/documents and violation of terms and
conditions of lease be forwarded to the higher authorities.
248. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents
and violation of terms and conditions of lease be forwarded to the higher
authorities. The competent authority may accord sanction for determination of
lease or like to may accord sanction for renewal of lease alongwith necessary
mutation by condoning the breach of lease terms in favour of the person
involve in the site by regularizing as under.
i)
ii)
Condonation of breach of lease as property has been sold without
prior permission of the competent authority.
Sanction for further renewal of lease w.e.f. 01.04.1978.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
249. DETERMINATION OF LEASE.
As per GLR property described as House No. 26 & 65, Ranjit Puri, Sadar,
Meerut Cantt comprising Sy. No. 357/759 having an area of 2306.340 sq ft.
and is held on old grant and lease terms (out of which 608.340 Sqft lease
land only) and recorded in the name of Must Sharbati W/o Shri Babu Lal. The
lease has already expired on 29.03.1992.
House No. 65, Machli Mohalla, Sadar, Meerut Cantt is held on lease
terms which was accorded sanction by the competent authority vide letter
dated 22.03.1932 that regularization of 495.34 Sq.ft on Sy. No. 357/759 and
leasing out of 113 Sq.ft of land in extension thereto in the name of Shri Babu
Lal on annual rent of Rs. 1/2/- and a premium of Rs. 20/- as such the total
land of House No. 65, Machli Mohalla, Sadar measuring 608.340 Sq.ft. is held
on lease.
Regarding lease it is inform that the lease was granted by the Govt. in
year 1932 for 90 years renewal at option of the lessee for renewal of lease after
every 30 years in respect of property in question w.e.f. 30.05.1932 to
29.05.1962. Thereafter competent authority accorded sanction for 2nd terms
w.e.f. 30.05.1962 to 29.05.1992 on the annual rent of Rs. 1.69 per annum.
The 3rd and final term for renewal of lease w.e.f. 30.05.1992 to
29.05.2022 on the enhanced rent by 50% comes to Rs. 2.50 per annum is left
for renewal.
Board is informed that one Smt Pushpa Jain W/o Shri Harshender
Kumar applied for mutation for House No. 65, Ranjit Puri, Sadar, Meerut Cantt
vide application dated 05.06.1993 alongwith registered sale deed dated
21.09.1991 executed by Shri Nanhey Mal S/o Shri Babu Lal and other legal
heirs of recorded HOR. In the said sale deed it is written that the land is free
hold and area of the site is 777 Sq.ft.. The matter was placed before the Board
and the Board vide CBR No. 63(27) dated 17.01.1994 considered and
recommended that the property be mutated in the name of applicant in tax
register and proposal for allotment of subsidiary survey No. 357/759/1 for
House No. 26, Tanki Mohalla be forwarded to the Govt. In compliance to CBR,
this office vide letter dated 01.11.1994 informed the applicant that her name
has been entered in tax register only but no proposal for allotment of
subsidiary survey No. was forwarded to the higher authorities.
The Cantonment Board Meerut vide letter dated 23.08.2014 directed the
present occupant of premises in question i.e. Smt Pushpa Jain to submit
information/documents for mutation/renewal of lease but she failed to submit
the same till date.
The Engineering staff of this office has submitted report that there are no
change of purpose but sub-division, u/a construction and encroachment on
Govt land are involved.
In view of the above, it seems that present occupants of the premises in
question is not interested to submit complete information/documents for
mutation/renewal, the site has been purchased by the applicant without prior
permission of the competent authority against the terms and conditions of
lease and contents of sale deed are not acceptable, as such it is recommended
that matter for determination of lease in the absence of necessary
information/documents and violation of terms and conditions of lease be
forwarded to the higher authorities.
249. Recommendation Considered and recommended that matter for
determination of lease in the absence of necessary information/documents
and violation of terms and conditions of lease be forwarded to the higher
authorities. The competent authority may accord sanction for determination of
lease or like to may accord sanction for renewal of lease alongwith necessary
mutation by condoning the breach of lease terms in favour of the person
involve in the site by regularizing as under.
i)
ii)
Condonation of breach of lease as property has been sold without
prior permission of the competent authority by way of sub-division at
site.
Sanction for further renewal of lease w.e.f. 30.05.1992.
If required the Govt may also be approached to make necessary
amendment in the respective rules or in the terms and conditions of the lease
deed to the tune of present requirement & ground reality in the civil area.
Sd/-xxx
Member Secretary
Civil Area Committee
Chief Executive Officer
Meerut Cantt.
Sd/-xxx
Chairman
Civil Area Committee
16.09.2014
True Copy
Sd/-xxx
Office Supdt
Cantonment Board Meerut
Minutes of Finance Committee Meeting held on 16.09.2014 at 1200 Hrs in the
office of Cantonment Board Meerut.
The following were present :1. Dr.D.N.Yadav, CEO
2. Shri Prem Kumar
3. Smt. Beena Wadhwa
4. Smt. Shashi
Member Secretary
Member
Member
Member
The following were absent :1. Shri Jagmohan ,
2 Lt. Col Atul Puthia
Chairman FC
Member
In absence of Shri Jagmohan Chairman FC, Shri Prem Kumar unanimously elected
to preside over the meeting today who occupied the Chair.
AGENDA FOR FINANCE COMMITTEE MEETING DATED 16.09.2014
16. MONTHLY ACCOUNTS FOR THE MONTH OF July 2014: 2014-15
To consider and approve the accounts of Receipt and Expenditure for the month
of July 2014.
RECEIPT
Opening balance as on Ist day July 14
Rs. 93,12,507.26
Receipt during the month July 2014
Rs.277,57,288.00
TOTAL
Rs.370,69,795.26
EXPENDITURE
Expenditure during the month
of July 2014
Rs.2,82,38,762.85
CLOSING BALANCE
Closing balance on last day of July 2014
Rs. 88,31,032.41
Opening balance as on Ist day
Deposited during the month
PENSION FUND
July 2014
Rs. 3,97,211.78
July 2014
Rs.61,29,862.00
TOTAL
Rs.65,27,073.78
Expenditure during the month July 14
closing balance on last day of July 14
TOTAL
Rs.63,11,949.85
Rs. 2,15,123.93
Rs.65,27,073.78
INVESTMENT OF FUNDS
Opening balance
NIL
Encashed/ Invested during July 2014
NIL
Balance on last day of July 14
NIL
Summery of Head-wise Receipts and Expenditure during the month of July 2014
is enclosed.
SUMMERY OF MONTHLY ACCOUNT July 2014 OF CANTT BOARD MEERUT
RECEIPTS
HEAD
Amount ( Rs.)
House Tax
793057
Water Tax
533433
Toll Tax
Conservancy Tax
Show Tax
Hawker Tax
Service Charges
Pound fee
2823328
10719
7280
0
21998281
240
Rent from lease
0
Temp License fee
0
Sale of Tree fruits etc
0
Rent from C class land
0
Public Garden Receipt
0
Fee U/s 191, 67B of CA 2006
39630
Cantt Fund Buildings
204144
Military Conservancy
0
Composition fee
19862
School Fee
208099
Hospital Fee
90975
Market fee
549020
Slaughter House Fee
1125
Notice fee
1328
Copying fee
2746
Rickshaw Regn fee
220000
Trade Licn fee
13660
Sale of water ( pipe water
charge)
12694
Interest on saving a/c
0
Other Receipts
108319
Grant from Govt
0
Deposit
119348
Advance
0
Total
27757288
Opening Balance at 1st day
9312507
GRAND TOTAL
37069795
EXPENDITURE
HEAD
ESTABLISHMENT (Salary etc)
PENSION FUND ( Pension, Gratuity etc)
A. TOTAL
MAINTENANCE WORKS
Buildings Repairs
School
Hospital
Roads
Drains
Water Supply
Stores
Misc Public Impv (d/w of garden etc
B. TOTAL
CONTINGENCIES
a. General Administration
b. Lighting
c. Garden
d. Hospital
e. Conservancy civil
f. Military Conservancy
g. Water Supply
h. Schools
i. Legal Exp
j. Survey of Land
k. Others
C. TOTAL
TOTAL EXPENDITURE A+B+C
Security, Advance, loan
TOTAL EXPENDITURE
Amount in Rs.
16023237
6287789
22311026
0
0
0
0
0
0
1660
114510
116170
104185
2500188
201250
273328
72911
1074963
691285
94760
616085
0
34725
5663680
28090876
147887
28238763
Closing Balance
GRAND TOTAL
8831032
37069795
All vouchers, bills, cash book and monthly account are put up.
FC/Board is requested to kindly consider and approve.
16.
RESOLUTION : Considered & deferred for Board.
17. MONTHLY ACCOUNTS FOR THE MONTH OF Aug 2014: 2014-15
To consider and approve the accounts of Receipt and Expenditure for the month
of Aug 2014.
RECEIPT
Opening balance as on Ist day Aug 14
Rs. 88,31,032.41
Receipt during the month Aug 2014
Rs.1,63,27,215.00
TOTAL
Rs.2,51,58,247.41
EXPENDITURE
Expenditure during the month
of Aug 2014
Rs.1,00,29,402.20
CLOSING BALANCE
Closing balance on last day of Aug 2014
Rs.1,51,28,845.21
PENSION FUND
Aug 2014
Aug 2014
TOTAL
Expenditure during the month Aug 2014
closing balance on last day of Aug 2014
TOTAL
Opening balance as on Ist day
Deposited during the month
Rs. 2,15,123.93
Rs. 1,57,352.00
Rs. 3,72,475.93
Rs. 3,55,310.00
Rs.
17,165.93
Rs. 3,72,475.93
INVESTMENT OF FUNDS
Opening balance
NIL
Encashed/ Invested during Aug 2014
NIL
Balance on last day of Aug 14
NIL
Summery of Head-wise Receipts and Expenditure during the month of Aug 2014
is enclosed.
SUMMERY OF MONTHLY ACCOUNT Aug 2014 OF CANTT BOARD MEERUT
RECEIPTS
HEAD
Amount ( Rs.)
House Tax
951951
Water Tax
354823
Toll Tax
2921390
Conservancy Tax
9959
Show Tax
2400
Hawker Tax
0
Service Charges
0
Pound fee
0
Rent from lease
0
Temp License fee
0
Sale of Tree fruits etc
0
Rent from C class land
0
Public Garden Receipt
0
Fee U/s 191, 67B of CA 2006
204790
Cantt Fund Buildings
2715020
Military Conservancy
8378348
Composition fee
1833
School Fee
100264
Hospital Fee
153694
Market fee
34478
Slaughter House Fee
1675
Notice fee
5968
Copying fee
2609
Rickshaw Regn fee
0
Trade Licn fee
30360
Sale of water ( pipe water
charge)
35880
Interest on saving a/c
Other Receipts
Grant from Govt
Deposit
Advance
Total
Opening Balance at 1st day
GRAND TOTAL
3597
86169
0
332007
0
16327215
8831032
25158247
EXPENDITURE
HEAD
ESTABLISHMENT (Salary etc)
PENSION FUND ( Pension, Gratuity etc)
A. TOTAL
MAINTENANCE WORKS
Buildings Repairs
School
Hospital
Roads
Drains
Water Supply
Stores
Misc Public Impv (d/w of garden etc
B. TOTAL
CONTINGENCIES
a. General Administration
b. Lighting
c. Garden
d. Hospital
e. Conservancy civil
f. Military Conservancy
g. Water Supply
h. Schools
i. Legal Exp
j. Survey of Land
k. Others
C. TOTAL
TOTAL EXPENDITURE A+B+C
Security, Advance, loan
TOTAL EXPENDITURE
Closing Balance
GRAND TOTAL
Amount in Rs.
All vouchers, bills, cash book and monthly account are put up.
FC/Board is requested to kindly consider and approve.
17. RESOLUTION : Considered & deferred for Board.
5278547
302814
5581361
46035
0
0
38230
0
0
24034
84675
192974
300443
11850
234910
258325
74084
1148829
763986
475560
210885
0
637395
4116267
9890602
138800
10029402
15506637
25158247
18. PAYMENT OF ADVERTISEMENT BILLS :
To consider and approve the bills of news papers on DAVP rates on a/c of
various press advertisement given by Cantt Board Meerut. through M/s Alakhnanda
Advertising Pvt Ltd on Board’s approved discount @ 14.7% as under :
S
NEWS PAPER
MATTER
BILL N0.
DATE
AMOUNT
1
Hindustan Times Toll Tax tender
DE/14-15/204
26.06.14
270197
Dainik Jagran
National edition
2
Indian Express
Corrigendum of mobile
DE/14-15/98
24.05.14
2460
Amar Ujala
tower
3
Indian Express
Engagement of CA
DE/14-15/121
16.06.14
3977
Dainik Jagran
4
Amar Ujala
Engagement of teachers DE/14-15/199
26.06.14
4374
5
Dainik Jagran
Labour Cont
DE/14-15/200
26.06.14
7119
6
Dainik Jagran
Temp lighting on Kanwar DE/14-15/219
08.07.14
8896
Kesar Khushbu
7
Amar Ujala
Voter List
DE/14-15/213
08.07.14
5617
Kesar Khushbu
8
Dainik Jagran
Toll Tax tender
DE/14-15/234
22.07.14
13955
Dainik Hindustan
9
Kesar Khushbu
Auction of parking
DEL/14-15/244 22.07.14
565
10
Dainik Jagran
Hiring of Vehicles
DEL/14-15/271 22.07.14
15888
Heera Times
11
Dainik Jagran
Health
CNDE/14-15/158 16.06.14
3236
12
Dainik Amar
Supply of Medicine
CNDE/14-15/297 13.08.14
3216
Ujala,
Yuva Reporter
13
Dainik Jagran
Vocational Course CAB
CNDE/14-15/303 13.08.14
5825
14
Hindustan
D/W for Toll tax
CNDE/14-15/222 08.07.14
1398
Collection
15
Amar Ujala
Tender for E/M works
CNDE/14-15/245 22.07.14
18446
Janvani
16
Jagran
Corrigendum
CNDE/14-15/299 13.08.14
3259
Heera Times
17
Amar Ujala
Purchase of staff car &
CNDE/14-15/305 13.08.14
7661
Hindustan
Hordings
Total
376089
Relevant file along with bills duly verified by the concerned section heads are placed on
the table.
FC/Board is requested to consider and approve the bills of advertisements as
mentioned above.
18.
RESOLUTION : Considered & deferred for Board.
19. PAYMENT OF MINIMUM WAGES FOR VARIOUS CATEGORIES OF WORKERS
ENGAGED ON DAILY WAGES THROUGH OUTSOURCING / MUSTER ROLL IN
CANTT BOARD MEERUT.
To consider Govt. of India, Min. of Labour & Employment office of DLC ( Central)
Dehradun
GO No.D-26/MWA-UK/Rate/2014dt 11.04.2014 submitted by Board’s
approved Labour Contractor M/s A.K. Enterprises vide letter No.AKE/HWR/MRT-CBM
dt 11.08.2014 regarding revised minimum wages w.e.f. 01.04.2014 as under :
CATEGORY
1
Unskilled (sweeping/
Cleaning, labour)
Semi skilled(Supervisor)
Skilled/ Clerical
Highly Skilled
MIN. WAGES BEING PAID
REVISED MIN. WAGES AS
IN CANTT BOARD MEERUT PER GOI NOTIFICATION
APPROVED
VIDE
CBR DT 11.04.2014
NO.149 DT 01.02.2014
2
3
Rs.257/day
Rs.273/day
Rs.291/day
Rs.342/day
Rs.377/day
Rs.309/day
Rs.363/day
Rs.400/day
OFFICE REPORT :
1. Board is informed that as per Rue 25 (iv) of Contract Labour ( R&A) Act 1970”
the rate of wages payable to the workmen by the contractor shall not be less than
the rates prescribed under the Minimum Wages Act 1948, for such employment
where applicable and where the rates have been fixed by the
agreement/settlement or award, not less than the rates so fixed.” Being Principal
Employer under the said Act, it is statutory duty to ensure that workers working in
various activities should get wages not less than the fixed vide Minimum Wages
Notification.
2. Board is further informed that Board engaged out-sourcing agency M/s A.K.
Enterprises vide CBR No.375 dt 11.03.2013 for providing skilled/unskilled
manpower for various sections of the Board for one year w.e.f. 16.05.2013 on the
minimum wages rates of UP Govt as mentioned in col. 2 above. Thereafter, the
Board registered as Principal Employer with the Regional Labour Commissioner
( Central) Govt of India. Min. of Labour Dehradun. As such, the revised minimum
wages as shown in col. 3 of the table will be applicable to the all daily wages
workers either engaged through Out Sourcing agency or on direct muster roll. It
is also brought to the notice of the Board that on the revised minimum wages
rate, contribution of the Board towards EPF & ESI will also increased
proportionately. Since, it is the statutory provision under the Labour Laws, the
Board have to abide with the directions contained in the GO.
3. Relevant file along with office report & Govt. of India , Min.of Labour notification
dated 11.04.2014 is placed on the table.
4. FC/Board is requested to consider and approve the revised rates of minimum
wages as per Govt of India, Min. of Labour notification dt 11.04.2014.
19. RESOLUTION : Considered & deferred for Board.
20. RE- IMBURSEMENT OF MEDICAL BILLS OF CANTT BOARD EMPLOYEES :
To consider and approve the payment on a/c of reimbursement of medical bills of Cantt
Board staff duly verified & recommended by the RMO & MO I/C of Cantt General Hospital. The
details are as under :S.N
NAME OF PATIENT / EMPLOYEE & DESIGNATION
AMOUNT(RS)
1) Goverdhan Chk (self)1451+1402+1400=4253
4253
2) Rajesh Yadav Chk ( self) 1905+2116
4021
3) Jiya Lal S/W C-11 ( son’s bill)
1048
4) Pradeep Agrawal Comp ( Parent’s Bill) 1120+1528+1777
4425
5) Ved Prakash Peon Tax ( Self)
5908
6) Vijay Kumar Chk ( self)
1015
7) JagdishS/W C-6A ( son’s bill)
1522
8) Omwati S/w C5 self
1225
9) Dr. Aradhana Pathak, RMO self
1153
10) Surender S/w C-9 ( wife’s bill)
2421
11) Sandeep S/W CGH 1052+2104=3156
3156
12) Anil Yadav MPA ( self) 2022 +2227
4249
13) B.S.Dhama, W/S self 1601+1049+1635
4285
14) Ajay S/W C-3 (self)
5419
15) Durga Das GRM (self)
1428
16) Jitendra Beldar Gandhi bagh self
1057
17) Suresh – Babu Lal Chowkidar self1366+1381
2747
18) Vinod Kumar Beldar ( gen Section) self
5172
19) Kishan Chand Dhobi CGH ( wife bill) 1395+2500
4435
20) Raj Kumar Sharma, Head Mali 3237+3312+3312
9861
21) Sudhir Kumar Driver
2549
22) Ram Gopal C-12 ( wife bill)
5275
23) Sunder – Mamchand S/W C6A self ( medical adv taken)
7928
24) Rajkumar –SO (wife bill)
18946
25) Sohanbir Singh Beldar Gandhibagh ( son’s bill)
3465
26) Anil –Jagdish S/w C6A self
30401
27) Gajender Sharma Driver self
4221
28) Subhash Beldar W/S ( wife’s bill) 1331+13475
14806
29)
30)
31)
32)
33)
34)
35)
36)
37)
38)
39)
40)
41)
42)
43)
Sandeep- S/W CGH
Shahbuddin C6 A ( wife bill)
Pravesh Kumar Clerk self
TVS Dhama, Lect CAB I/c Self
Rajeev Sharma A MZD ( wife bill)
Rajkumar S/W C-12 (son’s bill)
Deep Beldar W/s self
Nandu Mali self
Vimla- Chotey Lal S/W C6 self
Sanjeev Kr S/W C-5 (son’s bill)
Rajeev Srivastava JGC CAB I/C ( self
Raju- Veer Singh S/W C-12 ( son’s bill)
Islam P/F W/S self
Rakesh Beldar W/S ( son’s bill)
Total
Relevant file along with medical bills is placed on the table.
FC/ Board is requested to consider and approve.
1052
14664
2595
2908
1187
1105
1458
1956
1227
2841
7108
1806
2949
5640
204887
20.
RESOLUTION : Considered & deferred for Board.
21.
RE-TENDER FOR SUPPLY OF GENERIC MEDICINES/ITEMS FOR
CANTT GENERAL HOSPITAL, MEERUT CANTT FOR THE YEAR
2014-15.
Reference : CBR No. 289 (13) dated 28.07.2014.
To consider annual re-tender for supply of Generic Medicines/items for
Cantonment General Hospital for the year 2014-15.
Board is informed that tenders were invited for supply of medicine for the
year 2014-15 by giving tender notice published in Amar Ujala & Dainik Yuwa
Reporter on 02.08.2014.The terms and conditions have been mentioned in the
notice published in news paper as well as tender form.
The tenders were opened on 19.08.2014 in the office of the Cantt Board,
Meerut. The tenders from the following firms have been received:(i)
M/s Gandhi Biotech, Meerut.
(ii)
M/s Rajeev Medical Store, Meerut.
(iii) M/s Bansal Enterpises, Meerut.
(iv)
M/s Ravian Life Science Pvt. Ltd. Haridwar.
(v)
M/s Wellchem Pharmaceuticals Meerut.
(vi)
M/s R.S. Medical Agencies, Meerut.
(vii) M/s Krivid Pharmaceuticals Aligarh.
(viii) M/s Arora Pharma, Meerut.
(ix)
M/s Indochem Distributors, Meerut.
(x)
M/s Elixir Human Care Pvt. Ltd. Meerut.
(xi)
M/s Metro Pharmaceuticals Pvt. Ltd. Meerut.
It is submitted that (1) M/s Rajeev Medical Store has not submitted
quality certificate, (2) Bansal Enterprises have submitted two affidavit without
notary (3) M/s Wellchem Pharmaceuticals has not submitted copy of PAN Card,
The firm has submitted two affidavit without signature of proprietors &
authorized dealership certificate has submit without date and signature of
proprietors (4) M/s R.S. Medical Agencies has not submitted renewal certificate
for drug license, The firm has submitted two affidavit without signature of
proprietors & authorized dealership certificate has submit without dated (5)
M/s Elixer Human Care have not submitted two affidavit of supply of generic
medicine & firm is not black listed (6) Metro Pharmaceutical has not submitted
affidavit stating therein the supply of generic medicine will be made. Therefore,
rates of above firms may be not considered.
M/s Gandhi Biotech, Meerut M/s Ravian Life Science Pvt. Ltd., Haridwar
M/s Krivid Pharmaceuticals, Aligarh, M/s Arora Pharma, Meerut and M/s
Indochem Distributors, Meerut rates are mentioned on the Comparative
statement.
Relevant files are put up on the table along with comparative statement.
FC/Board may consider and take suitable decision in the matter.
21.
RESOLUTION : Considered & deferred for Board.
Sd/-XXX
Chief Executive Officer
Meerut Cantt
Dt : 16.09.2014
Sd/-XXX
Chairman,
Finance Committee
Cantt Board Meerut.