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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 :
Since the issue involved in all these Writ Petitions is one and the same, they are being disposed of by this common order.
2A. Though notice is ordered to the unofficial respondents in this batch
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.
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....
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....
NOC is not required for constructions within 500 mtrs. of Defence Establishment if they do not exceed 4 multistoreys and 15 mtrs. in height.
In the absence of any provision in Section 3 of the Act concerning the ancillary units of the works of defence such as lodger units in the case on hand, or of any site intended to be used or to be ac....
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