Section 297 of The Cantonments Act, 2006 in hindi — Power to require buildings, wells, etc., to be rendered safe

Bare section text

Official Legislative Text

Where in a cantonment any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the Chief Executive Officer, in a ruinous state or, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Chief Executive Officer, by notice in writing may, require the owner, or part-owner or person claiming to be the owner or part-owner thereof, or, failing any of them, the occupier, thereof, to remove the same or may require him to repair, or to protect or to enclose, the same in such manner as the thinks necessary; and, if the danger is, in the opinion of the Chief Executive Officer, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

Educational Study Layer

Summary

Section 297 of The Cantonments Act, 2006 empowers the Chief Executive Officer to deal with structures, wells, or trees that pose a danger or nuisance to the public.
The officer can issue a written notice demanding the owner, part-owner, or occupier to remove, repair, or enclose the hazard.
If the danger is considered imminent, the Chief Executive Officer is authorized to take immediate steps to avert the danger without waiting for the owner.
This provision covers a wide range of hazards including ruinous buildings, open tanks, excavations, and dangerous trees.

Practical examples

1An old, unmaintained balcony overlooking a busy market is cracking and ready to fall. The Chief Executive Officer sends a written notice to the building owner requiring immediate repairs to make it safe for the pedestrians below.

2A deep excavation pit is left open by a contractor right next to a public road, and a storm is approaching. Deeming it an imminent danger, the Chief Executive Officer bypasses the usual notice period and has cantonment staff immediately build a fence around the pit.

FAQ

1. Who has the authority to order the repair of a dangerous building under Section 297 of The Cantonments Act, 2006?

Under Section 297 of The Cantonments Act, 2006, the Chief Executive Officer has the authority to require the owner to repair or remove a dangerous building.

2. What happens if a dangerous wall needs to be fixed immediately under Section 297 of The Cantonments Act, 2006?

If the danger is imminent, Section 297 of The Cantonments Act, 2006 states that the Chief Executive Officer shall forthwith take such steps as he thinks necessary to avert the danger.

3. If the owner of a dangerous well cannot be found, who must secure it under Section 297 of the cantonment rules?

Section 297 of The Cantonments Act, 2006 specifies that if the owner or part-owner cannot be reached, the Chief Executive Officer may require the occupier of the property to remove or enclose the danger.

Practice Quiz

Q1.Under Section 297 of The Cantonments Act, 2006, who is primarily responsible for fixing a dangerous well if they receive a notice?

Q2.What specific power does Section 297 of The Cantonments Act, 2006 grant if a structure poses an imminent danger?

Q3.Which of the following hazards is explicitly listed in Section 297 of The Cantonments Act, 2006?

Q4.If the owner of a dangerous excavation fails to act, who is next in line to receive the order under Section 297 of The Cantonments Act, 2006?

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