Lok Sabha Question No. 929 (UNSTARRED), answered on 2022-07-22
Subject: Construction near Defence Establishments
Ministry: DEFENCE
Asked by: Sangamlal Kadedin Gupta, P.P. Chaudhary

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE

## LOK SABHA

## UNSTARRED QUESTION NO. 929

TO BE ANSWERED ON 22 nd  July, 2022

## CONSTRUCTION NEAR DEFENCE ESTABLISHMENTS

## 929. SHRI SANGAM LAL GUPTA: SHRI P.P. CHAUDHARY:

Will the Minister of DEFENCE be pleased to state:

- (a)  whether  the  Government  has  issued  No  Objection  Certificate  (NOC)  guidelines  for construction within 100m of defence establishments and if so, the details thereof;
- (b)  whether  the  Government  has  taken  steps  to  expedite  the  process  of  construction  of colonies  within  100m  of  defence  establishments  which  are  already  more  than  60  percent completed;
- (c) the steps taken for upcoming constructions in shadow or shield of buildings in the same area or line that have already been issued a NOC within 100m of defence establishments;
- (d) the designated authority for the application of request and approval of NOC to undertake construction within 100m of defence establishments;
- (e) whether the Government has set a timeframe within which the concerned authority must issue NOC and if so, the details thereof; and
- (f) whether the Government has defined the phrase 'defence establishments' with regards to the above issue and if so, the details thereof along with the details regarding NOCs issued in Pratapgarh and Jodhpur after 2011 guidelines?

## A  N  S  W  E  R

MINISTER OF STATE IN THE MINISTRY OF DEFENCE

(SHRI AJAY BHATT)

(a):Government of India, Ministry of Defence issued guidelines regarding issue of NOCs by LMAs  for  construction  in  the  vicinity  of  Defence  Establishments,  vide  letter  dated 18.05.2011  wherein  it  has  been  stipulated  inter-alia  that  NOC  of  Station  Commander  is required  for  any  construction  coming  up  within  a  radius  of  100  meters  of  any  Defence Establishment. These guidelines were amended on 18.03.2015& 17.11.2015 to insert a few provisions. Further amendment to these guidelines was carried out vide MoD letter dated 21.10.2016 wherein

security restrictions around 193 Army installations was reduced to 10 meters and for 149 Army installations, the same was reduced to 50 + 50 meters (50 meters - no construction & 50-100 meters with height restriction of 3 meters subject to NoC fromLMA).  It has been decided to further review the guidelines issued vide MoD letter dated 21.10.2016

(b)  &  (c):    The  mandate  of  LMA  is  limited  to  issue  of  NOC  or  otherwise  in  respect  of constructions in the vicinity of defence establishments.

(d):The Competent Authority authorized to issue NOC under MoD guidelines mentioned in (a) above is the Station Commander.

(e):    As  per  NOC  guidelines  dated  18.05.2011,  the  Station  Commander  may  convey  his views/ NoC within four months of receipt of such requests or within the specified period, if any, required by law.

As  per  amendment  made  in  NOC  guidelines  vide  MoD  letter  dated  17.11.2015, wherever building/structure within 500 meters of the periphery of any Defence establishment is proposed for construction in the shadow or shield of existing building/structure, LMA shall give comments within a period of 30 days from the date of receipt of  reference from the State Government/Municipal Corporation.

(f):  The term 'defence establishment' is not defined in NoC guidelines. It has to be applied as a generic term. It has been reported by Service HQrs that no NOC has been granted in Pratapgarh and Jodhpur under the provisions of NOC guidelines.

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