Incompetence or Impropriety?

While the issue of opening cantonment roads to the general public is alive in defence circles, another aspect of defence property comes to the fore, the Old Grant Bungalows (OGB). These buildings were constructed on land owned by the military and served as residences to the serving and retired members of the forces. The OGBs were constructed by members of the armed forces on land that was 'granted' to them, thus the name Old Grant Bungalow. The land being a grant meant that it was provided for a specific purpose and that the ultimate ownership remained in the hands of the government via the military. Thus, even though the structures were built by the members of the forces, their only claim to ownership was over the structures built and not the land. Thus, even when they 'sold' the OGBs to civilians, the permission of the higher authorities was necessary since the transfer pertained to only the structure and not the land.

Read More: Cantonment Roads: Two Wrongs Do Not Make a Right

In 2013, the Supreme Court of India delivered a decision in a property dispute over an OGB in Pune. The house had been built by a descendant of the present owner on the land allotted to him by the Army for him to construct a house. The Supreme Court, in this case, laid down that the people residing in the property had rights to the extent of the structures that they built on it. However, the government could take back the property at any time after paying them due compensation for the house. The important point here is that though the Apex Court noted the usufructuary rights of the people in possession of the property, the existing law dictates that the ownership remains in the hands of the government.

According to a document provided by Major Priyadarshi Chowdhury SC Retd., there are, at present, 2,724 OGBs whose lease period has already expired. The lease-holders were barred from altering the structures in any manner. However, many of these OGBs have been converted into commercial establishments. Some are allegedly in the hands of influential people with connections in both the corporate as well as political realms. The 2013 decision of the Supreme Court stating the position of ownership vis a vis OGBs has evidently not been pursued to its logical end by the Ministry of Defence. While 660 OGBs have been resumed by the government and resumption proceedings are pending in 187 cases, 2,064 OGBs have neither been resumed nor have proceedings been initiated.

Read More: Who is Benefiting from the Opening up of Cantt Roads?

In 2013, the Comptroller and Auditor General (CAG) reporting on the period ending in March 2012, found that Old Grant sites had been misused in connivance with the authorities meant to prevent such acts from occurring. In one case a plot measuring a little more than five acres with structures built on it was formerly occupied by the state police in Pune. This occupancy had been sanctioned by the Ministry of Defence. At the end of the lease period the police had vacated the site and it reverted back to the Government of India. However, in 1986 a subsequent lease was affected in which a portion of the property was converted into 'Cheshire Home'. No sanction had ever been granted for this act. In 1996 a girls hostel was constructed on the remaining portion. However, it was only in 2001 that the Army Headquarters approved this construction. Further, the Army Wives Welfare Association who was running the hostel collected fees for various services offered. However, the proper procedure indicates that the Defence Estates Officer should have been the authority to grant sanction. The loss reported by the CAG for the site alone amounted to Rs. 20.36 crore.

The CAG report indicated that such illegal acts had been noticed by the body since at least 2007. This was also not the only report to indicate that there is a rot concerning the use of defence land. In 2014, the CAG once again reported on the misuse of defence land in Mumbai. If one recalls the list of meetings before the decision to open cantonment roads, there were specific meetings on the cantonments in Pune on April 2, 2018, Mumbai on April 17 April 2018 and Secunderabad on May 16, 2017. It would appear strange that despite the repeated CAG reports on impropriety in managing defence property, in these cantonments, the MoD went ahead with its decision to open the cantonment roads.

On December 9, 2016, an unstarred question in the Lok Sabha sought an explanation on;

• Whether the Government proposes to initiate an independent investigation into cases of unauthorized constructions on and/or sale of Old Grant Bungalows to avoid the possibility of corruption and malpractices. As well as the details of any such investigation.
• Whether the Government has formulated new policy guidelines on the working of Cantonment Boards to resolve problems relating to inordinate delay in transfer and mutation of held on old grant or lease, renewal of expired leases and conversion of old grant or leasehold sites in civil areas of the cantonments into freehold.

The Minister of State for the Ministry of Defence, Dr Subhash Bhamre responded to both questions in the negative. He stated that there was no proposal to look into the matters surrounding the lease of old grant sites as “these are mainly policy matters which require amendments to the existing policies”. He further stated that “to resolve problems relating to inordinate delay in transfer and mutation of properties held on old grant sites, the DGDE have been asked to submit a revised draft policy. However, the interim policy for extension of fully expired leases and renewal of remaining terms of leases is under finalization in the Ministry. It is also intimated that a policy to convert old grant or leasehold rights in civil areas of Cantonments into freehold rights is already in existence.” Whether the decision to open the cantonment roads is connected to the policy to convert old grant or leasehold rights into freehold rights is anybody's guess.

Read More: Is Real Estate the Real Motive Behind the Opening of Cantonment Roads?