(The text of the old grant is given below this section)
This document ( the Old Grant of 1836 vintage !! ) must be known to many who are resident in Cantonments. At one time it was mentioned in sale deeds and could not be easily located. However now there is no secrecy surrounding this and it is available in all publications dealing with cantonment Law. If you are not from a Babu or a Fauji background you will be absolutely aghast at what goes for law in our country . This is just a sample . Lets not talk of the legal profession at all, because nature never created lungs to assist in the thinking processes.
The Bureaucrats and the Army men have been 'trained' to suspend common sense and accept this nonsense. Their training never accommodated or adjusted for independence and thus remained fossilized. So kindly excuse them. The rest of us who have their faculties intact can read on.
Do keep the following ideas in mind
Or maybe there is a more devious reason underlying this . That is the laws are framed so that they make it very difficult to nail people employed by Government, at the same time giving an impression of fair and just government. So instead of being exploited by aliens we are being exploited by Indians who are paid by us the general public.
Kindly read this entire document carefully .The legalese draws attention away from its intent of making it more difficult for Indian citizens to move into 'cantonments'. Then kindly read through the comments which are collected from various knowledgeable sources. Maybe it will give you an insight into why unlike more advanced societies our Government seems to bear a stance which intimidates rather than facilitates.
This may give you some idea of what maybe insurmountable problems with the entire Government of India functioning. You and I who are citizens should make it our duty to be aware of the problems right at the inner core.
As you are no doubt aware that so much of our regulations and statutes are a legacy of those instituted by the East India Company in a fairly slap dash manner . Of course the 'Crown' came on the scene formally after the mutiny in 1857. However it is impossible to make out where the 'Crown' ended and the company began. It was already there in the late 18th century, with an employee of the East India Company - Warren Hastings as the first Governor General ( you can't beat the British at high sounding titles , sometimes that itself is enough to ensure compliance to nonsense ). A little reading about the officials of that time will clarify one thing - that work which could be called Government type work was viewed with boredom and was done very perfunctorily.
There was a principle involved in all this and it was not democratic to say the least . It was exploitation falling short of extortion. Remember it was a joint stock private company whose purpose it was to give a fair return to their shareholders for their investment . That they did , at an average of 10.5% over many decades, or perhaps centuries. There was no telegraph to telephone , definitely no Internet so distance gave them the opportunity to do as they pleased and that they did, better gunpowder helped immensely, like it helps any criminal. That is evident from the ridiculous laws which we religiously and mindlessly implement in a zombie like manner . By drawing boundaries En Bloc without regard for title deeds they laid claim to properties they had no right to . The properties which are called public premises ( old grant claim ) are not maintained by the Government , they are not public thoroughfare for public use, they actually have a boundary wall. No official lives there. Yet they are claimed fraudulently via the Old Grant . Like wise ad infinitum ... . And the current Government would like to retain all privileges accruing through non sense. It is time they came rectified a lot of nonsense.
So while reading this document be aware that this is CURRENTLY ( notice received by a Bungalow owner in May 2001) effective. According to informed legal sources, this has also been recently endorsed by the Supreme Court itself. That itself brings up many questions about the moribund system we have inherited. In spite of the potentially brilliant officers which constitute our bureaucracy, hackneyed and ridiculous laws stay . It should take no more than a senior bureaucrats committee to take these off active duty. Power even at senior levels is limited to a very clerical nature, and is perhaps the main cause of frustration among our bureaucrats which often makes them behave in an vitriolic and toxic manner.
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BY THE GOVERNOR
GENERAL IN COUNCIL NO. 179
12TH SEPTEMBER 1836
Jephson's code Part-1 1839 Page 229 --- The Governor General of India in Council is pleased to rescind the various orders now in force in this Occupation Presidency in regard of the occupation of ground of land and the disposal of premises or buildings, and disposal situated within the limits of military of premises Cantonments, and to substitute for them the and buildings following regulations, which is to have effect from the date of its promulgation at the different stations of the Bengal Army :- Pros G.G. 25th June 1801. G.O.G.G. 28th Sep. 1807. G.O.G.G 5th June , 1813. --- 1. All applications for unoccupied ground for the purpose of being enclosed , built upon or Application in anyway appropriated to private purposes, such ground for being within the limits of a military Cantonment, are in land the first instance to be made to the Commanding Officer of the station through the usual channel ; and in no case are Alteration of the boundaries of compounds to be changed , old roads closed boundaries or new ones opened without the sanction of sites and of the Commanding Officer. closing and opening of roads --- 2. As the health and comfort of the troops are of paramount considerations, to which all others must give way, the Commanding Certificate by Officer will be held responsible that no ground is occupied Commanding in any way calculated to be injurious to either, or to the Officer appearance of the Cantonment ; and forwarding any application for grant , he must certify that it is not objectionable in those or any other respects. --- 3. When no objection occurs, the application is to be forwarded through the prescribed channel, Order of by the Commanding Officer of the station to the Government Quarter Master General of the Army, who if the Commanding-in-chief required approves, will submit it for the orders of Government. Officer. --- Form of application 4. All such applications are to be in the annexed form marked A. --- 5. All grants are to be registered by the officer of the Quarter Master General's Department Grants to be attached to the division , and at stations where no registered such officer may be and noted on present , by the executive officer of Public Works , plan to whom also in such cases, application for ground are to addressed ; and all grants are to be immediately noted upon the plan of the Cantonment in the Quarter Master General's Office. --- 6. No ground will be granted except on the following conditions, which are to subscribed by every grantee, as well as by Conditions those to whom his grant may of occupancy subsequently be transferred:-
1st:- The Government to retain RESUMPTION the power of resumption at any time on OF LAND giving one months notice and resumption of paying the value of such buildings as may have been authorised to be erected. 2nd:- The ground , being in every case the property of the Government , cannot be sold by the grantee; Land belongs but houses or other property thereon to Govt. cannot situated may be transferred by one military or be sold by medical officer to another without restriction, in grantee. the case of reliefs, when if required , the terms of sale or transfer are to be adjusted by a Committee of Arbitration. 3rd:- If the ground has been built upon , the buildings are not to be disposed of to any person , Arbitration of whatever description who does not belong to the army in case of until the consent of the officer Commanding the transfer on station shall have been previously obtained under his hand. relief. 4th:- when it is proposed , with the consent a of the General officer to transfer TRANSFER possesion to a native , should the value of the house , buildings TO or property to be so transferred exceed Rs. 5,000, the sale NATIVE must not be effected until the sanction of the Government shall have been obtained through his Excellency the Commander-in-chief. Houses claimable for purchase or hire at option of owner. --- 7. All houses in a military Cantonment , Houses being the property of persons not belonging claimable to the army , which may be deemed by the Commanding for purchase Officer of the Station a suitable , from their locality , or hire at for the accomodation of officers, shall be claimable option of for purchase or for hire at the option of the owner ; owner. in the formal case at a valuation , and in the latter at a rent , Committee of to be fixed , in a case of the parties disagreeing , Arbitration by a Committee of Arbitration constituted as follows. --- 8. The Committee is to be composed of one civil officer, the Principal one , Composition of if practicable , at or in Committee the vicinity of the of the Station, the Commanding Officer of Arbitration of the Cantonment and an officer belonging to the station to be named by the proprietor of the premises ; and their decision , whether relating to the terms of purchase or rent , is to be conclusive , unless it shall Appeal be reverses by government , for whose orders the proceedings of the Committee are to be submitted , through His Excellency Commander-in-Chief, whenever the proprietor of the premises which they have valued is dissatisfied with their award. --- 9. When the houses of the officers of the corps are to be transferred to those of another , as on the occasion of a relief , if a Arbitration difference of opinion should arise as to the fair terms of in case of transfer the price shall be fixed by a Committee transfer as of Arbitration constituted as in the last paragraph, but on relief to which , in such cases, there is to be given an additional member to be named by the intending purchaser. --- 10. In this case there is to be no appeal , and the decision of the Committee of No Appeal Arbitration is to be final. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=Things you may have noted are it mentions so many things which are non existent today like a 'Presidency' and 'Governor General' 'Bengal Army'!! etc. In an environment as literal as the legal one . It is unthinkable that a document like this is taken seriously . Using the word 'native' implies that the reference is to an alien Government, on this basis itself it becomes a redundant document . Let alone that the word is used disparagingly and the intent is mischievous with the intention of creating additional problems for Indian citizens. In that sense it is still used with the same intention.
The Babus do innocuous and inane things which are well within their intellectual capacity. This includes changing the name to the local Garden from Company Garden to Gandhi Bagh . At a national level the mutiny memorial on the ridge near the Bara Hindu Rao Hospital, in Old Delhi was renamed to AJITGARH. All its historical plaques which contained the names of the dead and wounded were removed . However none had the gumption to meddle with the laws made by drug pedlars , drunks and debauches. They must be celebrating in their graves. Those were retained to meddle with the daily lives of Indian citizens, and just put a spanner in works of all progress itselfThis inscription says - 'The Enemy of the inscriptions on the monument were those who rose against colonial rule and fought bravely for national Independence in 1857. In memory of the heroism of these immortal martyrs for Indian Freedom this plaque was unveiled on the 25th anniversary of the Nations attainment of freedom . ' - Dated - 25th August 1972
I don't blame the politicians for this oversight, if it is that. These 'laws' have been reaffirmed by the supreme court many times. But then we all know what is the intellectual calibre of people who join the legal profession. However the Babus are the ones who are in daily contact with this nonsense and they should have been the ones to initiate extrication. But then the British chose Babus well , and much after they have left, they stay within the circles drawn for them. They think of us as mindless cattle, and we deserve it.
Finally may I just add I see no solution to the state the Government is in except prayer.
Now see how wholeheartedly the babus accept this 'Old Grant' ( CGO 179 ) CLICK HERE
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