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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR
Union of India – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. common order addressing multiple writ petitions. (Para 2 , 3 , 4) |
| 2. petitioners argue against construction without noc from defense authorities. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondents defend the amendment of building rules post-2016. (Para 13 , 14 , 15 , 16 , 17 , 21 , 22 , 23 , 24) |
| 4. fifth respondent claims compliance with layout permissions. (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 5. unofficial respondents assert legal compliance in construction. (Para 35 , 36 , 37) |
| 6. court examines guidelines and their legal implications. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 7. court emphasizes the need for compliance with woda. (Para 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 8. no clear enforcement of restrictions on constructions near defense establishments. (Para 65 , 66 , 67 , 68 , 69 , 70 , 71) |
| 9. court issues directions for future compliance and actions. (Para 72) |
| 10. writ petitions disposed of with no costs. (Para 74) |
ORDER :
T. VINOD KUMAR, J.
Since the issue involved in all these Writ Petitions is one and the same, they are being disposed of by this common order.
2. Heard learned Deputy Solicitor General of India appe
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.
Abeyance of superseding defence circular does not revive prior ones; construction rights crystallize under interim regime permissions; NOC not mandatory beyond 50m without statutory backing or state ....
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 ....
The Works of Defence Act, 1903, and its guidelines take precedence over local municipal laws regarding construction near military installations, emphasizing that national security concerns outweigh i....
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....
Restrictions on building permits related to military establishments require valid declarations and notifications under the Works of Defence Act, 1903 to be enforceable.
The court established that existing permanent constructions completed before the issuance of a restrictive Notification under the Works of Defence Act are exempt from such restrictions, permitting th....
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