NOC is not required for constructions within 500 mtrs. of Defence Establishment if they do not exceed 4 multistoreys and 15 mtrs. in height.

ORDER :

MUNNURI LAXMAN, J.

1. The present writ petition has been filed challenging the order dated 20.09.2023 as well as the communication dated 07.03.2023 whereunder UIT, Sri Ganganagar made a request for grant of ‘No Objection Certificate’ to the petitioner’s proposed construction as the same is falling under the 500 mtrs. radius from the Defence Establishment.

2. The said request was rejected holding that such proposed construction is hazardus to the security of the cantonment area. Aggrieved by the same, the present writ petition has been filed.

3. The argument of learned counsel appearing for the petitioner is that the petitioner intended to establish a medical college. In order to raise the infrastructure, they made an application for grant of permission for the construction to the respondent No.3. The respondent No.3, on the basis of application for grant of permission for construction, has sought no objection of the respondent No.2. According to the petitioner, the proposed construction is outside the 100 mtrs. area from the boundary wall of the Local Military Establishment and it is falling within the 500 mtrs. from the radius of the Defence Establishment. It is also his contention that the proposed construction is restricted to the four floors and he also submits that the height of the four floors is not above 15 mtrs. from the surface of the land.

4. According to him, the requirement to obtain the NOC would arise only if any kind of construction is falling under 100 mtrs. of area from the Defence Establishment or in case the proposed construction is more than 4 multistorey building and it is within 500 mtrs. radius. However, according to him, the proposed construction of the building of the petitioner is 4 multistorey building only and that height of the building is confined to 15 mtrs. and such construction is in tune with the guidelines of Ministry of Defence vide guidelines dated 18.05.2011 as well as the circular of the State Government.

5. As per the circular issued by the State Government dated 03.09.2021 which restricts the height of the building 15 mtrs. within the radius of 500 mtrs. from the Defence Establishment. According to him, he fulfills both the conditions. As such, there is no requirement of NOC.

6. The stand of learned counsel for the respondent is that NOC is required as per the guidelines issued by the Ministry of Defence dated 18.05.2011 and further it has to comply with the requirements of State Government circular as well as the decision taken by the Board of Officers of Station Headquarter of Sri Ganganagar whereunder a restriction of 15 mtrs. height was prescribed from the surface of the land. Even if the height of the building is not exceeding 15 mtrs. within the 500 mtrs. radius from the Defence Establishment, the requirement of NOC is must.

7. In the background of the above contentions of both the counsel, it is referred to the relevant part of the circular dated 18.05.2011 issued by the Ministry of Defence which reads hereunder:

“(b) Where the local municipal laws do not so require, yet the Station Commander feels that any construction coming up within 100 meter (for multistorey building of more than four storeys the distance shall be 500 meters) radius of defence establishment can be a security hazard, it should refer the matter immediately to its next higher authority in the chain of its command. In case the next higher authority is also so convinced, then the Station Commander may convey its objection/views to the local municipality or State Government agencies. In case the municipal authority/State Government do not take cognizance of the said objection, then the matter may be taken up with higher authorities, if need be through AHQ/MoD.”

8. It is also relevant to refer to the findings of Board of Officers of Station Headquarter of Sri Ganganagar dated 23.09.2022 which reads hereunder:

“(b) Chief Town Planner, Government of Rajasthan letter No.4375-79 dated 25 May, 2016 (Annexure- IV) states t