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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
Late Smt. Vidyawanti Labhu Ram Foundation For Science Research and Social Welfare – Appellant
Versus
Union of India – Respondent
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 conte
NOC is not required for constructions within 500 mtrs. of Defence Establishment if they do not exceed 4 multistoreys and 15 mtrs. in height.
Point of Law : No such 'NOC' from Defence Authority would be necessary if construction is beyond 10 meters from outer wall of defence installation.
Court clarified that height restrictions in construction near military establishments are not applicable if the construction is beyond certain distances established in guidelines. No NOC is required ....
Amendments to building rules by the State do not violate national security laws, and enforcement of the Works of Defence Act is the responsibility of the Union authorities.
Development of Building - NOC for construction of building - Regulation 3.1.1 also provides for certain restrictions for carrying out construction, however, there is no restriction for Thane District....
The impugned proceedings were set aside as they were found to be contrary to building permit orders and lacking in factual basis.
The restriction on construction to ground floor only was arbitrary and discriminatory, violating Article 14 of the Constitution, as prior permissions for G+2 were not duly considered.
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