Pune: Holders of old grant properties in cantonments will now have a defined, time-bound procedure for seeking permission to transfer or mutate their occupancy rights, with the station commander (brigadier-rank officer) designated as the competent authority to decide such applications.Under the new procedure laid down by the Ministry of Defence, applications will be submitted to the chief executive officer (CEO) of the cantonment board in civil areas and to the defence estates officer (DEO) in areas outside civil areas.Vikas Kumar, the DEO of Pune division, confirmed the development. “We are executing the work as per the new policy only,” he said.They will forward the proposals, along with recommendations, to the station commander within 30 days. The commander will communicate the decision within another 30 days.Earlier, such applications were routed through the DEO and principal controller of defence estates (PDDE) before reaching the ministry. The change is particularly relevant for holders of occupancy rights (HORs) in cantonments, who are required to obtain permission before transferring their rights in an old grant property including Old Grant Bungalows (OGBs).“For an HOR wanting to mutate or transfer his or her rights to another person, this means that the application will now be dealt with locally rather than going through the earlier chain of offices before reaching the ministry,” a senior official from the Directorate General Defence Estates (DGDE) said.A defence estates expert said the prescribed timeline is particularly important because uncertainty over property applications has been a longstanding issue for old grant holders. “The important part of the procedure is that the applicant will now have a defined channel and a defined timeline. Once the proposal reaches the competent authority with the required recommendations and documents, the applicant will get the answer. Earlier, the application won’t get any response from the ministry for years and many of these applications are still pending with the ministry,” one of the HORs said on conditions of anonymity.The issue assumes importance in Pune and Khadki, where several cases of alleged illegal sale of OGBs have surfaced over the past two decades. TOI had been highlighting the issue. In a number of such cases, the holders of occupancy rights had allegedly entered into transactions without obtaining prior permission from the competent authorities, said the officials.Old Grant properties are different from freehold properties. While the occupant enjoys rights under the grant, the land continues to belong to the govt and the rights are subject to the conditions governing the grant. An HOR therefore cannot simply treat the property as an ordinary privately owned freehold asset and transfer it without complying with the applicable conditions.Experts said the quicker disposal of legitimate applications could help address one of the practical problems associated with unauthorised transactions. “When a person holding occupancy rights wants to transfer or mutate those rights, there should be a clear mechanism through which he/she can approach the competent authority and obtain a decision. A time-bound process reduces the scope for people to argue that they were compelled to enter into private arrangements because their applications were pending for a long period,” said another officer from DGDE who has dealt with these cases in the past.The new procedure, however, does not mean that every application for mutation or transfer will be automatically approved. “The station commander will examine the proposal on the basis of the applicable old grant conditions, recommendations and legal requirements. The CEO/DEO will also have to obtain the opinion of the government counsel on the draft sale deed while making the recommendation. It is going to be a collective decision between both the agencies. Also, senior army officers of the respective command will also be responsible and involved in the entire procedure. This will bring more transparency at various levels,” a senior army officer who dealt with these matters in the past said.The order also retains an appellate mechanism. An applicant aggrieved by the decision of the station commander can appeal before the General Officer Commanding-in-Chief (GOC-in-C) or Army commander of the concerned command within 30 days from the date of receipt of the decision.The policy also deals with cases from the past. It states that past cases involving sale of Old Grant properties without obtaining prior permission of the competent authority will also be dealt with in the manner prescribed under the order.This provision can have implications for old transactions in cantonments where properties were sold or transferred without following the prescribed permission process. Officials will, however, have to examine each such case separately. The provision does not amount to automatic regularisation of an unauthorised sale, said DGDE sources.A former cantonment administration expert said the new arrangement could also make it easier for authorities to identify transactions that require scrutiny. “The objective should be to ensure that an occupant does not bypass the permission mechanism. If the legitimate route is simple, local and time-bound, it becomes easier for the authorities to monitor transactions and take action where somebody chooses to sell without permission,” said Pune Cantonment activist Rajabhau Chavan.
