Lok Sabha Question No. 610 (UNSTARRED), answered on 2016-02-26
Subject: Construction Adjacent to Defence Establishments
Ministry: DEFENCE
Asked by: P.P. CHAUDHARY, DILIP KUMAR MANSUKHLAL GANDHI, CHANDRA PRAKASH JOSHI, ASADUDDIN OWAISI, S. RAJENDRAN

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE

## LOK  SABHA UNSTARRED QUESTION NO.610

TO BE ANSWERED ON THE 26 TH  FEBRUARY, 2016

## CONSTRUCTION  ADJACENT  TO  DEFENCE  ESTABLISHMENTS

610. SHRI  P.P. CHAUDHARY:

SHRI  DILIPKUMAR  MANSUKHLAL  GANDHI:

SHRI  CHANDRA  PRAKASH  JOSHI:

SHRI  ASADUDDIN  OWAISI:

SHRI  S. RAJENDRAN:

SHRI  NARANBHAI  KACHHADIYA:

Will the Minister of DEFENCE j{kk ea=h be pleased to state:

- (a) whether the Defence Act, 1903 prohibits construction within the vicinity of 100 to 900 meters of any defence establishment;
- (b) if  so,  the  details  thereof  including  any  assessment  made  and  action  taken  by  the Government in this regard;
- (c) whether  the  Government  proposes  to  make  it  mandatory  to  take  'No  Objection Certificate' (NOC) from the concerned defence authorities for construction of buildings in the vicinity of a defence establishment; and
- (d) if so, the details thereof including the competent authority for the purpose along with the number of applications received and NOCs issued during each of the last three years, State-wise?

## A    N    S    W    E    R

MINISTER OF DEFENCE                                            (SHRI MANOHAR PARRIKAR)

j{kk ea=h

¼Jh euksgj ijhZdj½

- (a) & (b): Section 3 of the Works of Defence Act, 1903 provides for imposing restrictions  upon  the  use  and  enjoyment  of  land  in  the  vicinity  of  any  work  of defence.   As  per  Section  7  of  the  Act,  extent  of  such  restrictions  may be  upto 2000 yards from the crest of the outer parapet of the work.
- (c) Ministry of Defence has issued guidelines dated 18.05.2011, 18.03.2015 and 17.11.2015 for  requirement of  NOC  for  building constructions to regulate constructions around Defence Establishment in view of the safety and security of the Defence establishment.
- (d) Copies  of  guidelines  dated  18.05.2011,  18.03.2015  and  17.11.2015  are enclosed.  No record is maintained centrally.

*******

## GUIDELINES  REFERRED  IN  THE  REPLY  GIVEN  IN  PART  (d)  OF  LOK  SABHA UNSTARRED QUESTION NO. 610 FOR ANSWER ON 26.02.2016

No. 11026/2/2011/D(Lands) Government of India Ministry of Defence

New Delhi, the 18 th May, 2011

To

Chief of Army Staff Chief of Air Staff Chief of Naval Staff New Delhi.

Guidelines  for  issue  of  'No  Objection  Certificate  (NOC)'  for  building

************

Of  late,  issue  of  NOC  for  construction  on  lands  adjacent  to  Defence Establishments  has  generated  avoidable  controversies  particularly  in  two  recent cases viz.,  Sukna  and  Adarsh.    Various  issues  involved  in  these  two  cases  were reviewed and the matter has been considered in detail in the Govt. in consultation with  the  Services.    It  is  felt  that  Works  of  Defence  Act,  1903  which  imposes restrictions  upon  use  and  enjoyment  of  land  in  vicinity  of  Defence  Establishments needs to be comprehensively amended so as to take care of security concerns of defence forces.  While the process of amendment has been put in motion and may take some time, it was felt necessary to issue instructions in the interim to regulate grant of NOC.  The objective of these instructions is to strike a balance between the security concerns of the forces and the right of public to undertake the construction activities on their land.  Following guidelines are therefore laid down:

- (a)  In  places  where  local  municipal  laws  require  consultation  with  the  Station Commander before a building plan is approved, the Station Commander may convey its views after seeking approval from next higher authority not below the  rank  of  Brigadier  or  equivalent  within  four  months  of  receipt  of  such requests or within the specified period, if any, required by law. Objection/views/NOC will be conveyed only to State Government agencies or to  Municipal  authorities,  and  under  no circumstances shall be conveyed  to builders / private parties.

Subject: constructions.

Copy to:

DGDE; DRDO; Coast Guard HQ;

:  2  :

- (b)  Where  the local municipal laws do not so require, yet the Station Commander  feels  that  any  construction  coming  up  within  100  meter  (For multi  storey  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.
- (c) Objection / views / NOC shall not be given by any authority other than Station Commander  to  the  local  municipality  or  State  Government  agencies  and shall not be given directly to private parties/ builders under any circumstances.
- (d)  NOC once issued will not be withdrawn without the approval of the Service Hqrs.
2. These  instructions  will  not  apply  where  constructions  are  regulated  by  the provisions  of the  existing  acts  /  notification  viz.,  Cantonments  Act,  2006,  Air  Craft Act, MoCA, 1934, Gazette Notification SO 84(E) dated 14.01.2011 (as revised from time  to  time),  Works  of  Defence  Act,  1903,  etc.    In  such  cases  provisions  of  the concerned Act / Notification will continue to prevail.

(Dr. A.K. Singh) Director (L&C)

CGDA; DGQA; OFB [through D(Fy-II]

To The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff

Subject: Guidelines  for issue of 'No  Objection  Certificate (NOC)  for  building constructions'.

I am directed to refer to circular of even number dated 18.05.2011 vide which guidelines  for  issue  of  'No  Objection  Certificate  (NOC)  for  building  constructions' were issued.  Following the issue of the guidelines representations and references have been received with regard to restrictions placed by these guidelines on building construction in the vicinity of Defence Establishments.  It was therefore decided to undertake a comprehensive  review  of  the guidelines so as  to  address  issues  that had arisen from the implementation of the guidelines.

2. The  recommendations  arising  from  the  review  undertaken  have  been  duly considered  by  the  Ministry  and  it  has  been decided  to  modify  the  aforementioned Circular dated 18.05.2011 by adding a proviso under para 1(b) to the effect that NOC from LMA / Defence Establishment would not be required in respect of a construction for  which  permission  had  been  issued  by  the  competent  local  municipal  authority prior  to  18.05.2011 (date of circular).  However, this proviso shall not apply to any amendment  to  the  said  constriction  permission  with  regard  to  height,  if  such amendment has been allowed after 18.05.2011.
3. The other provisions of the circular dated 18.05.2011 will remain unchanged.

(Surya Prakash) Director (L&C)

## Copy to:

- (i)  DG, DGDE, New Delhi
- (ii)  CC(R&D), DRDO, New Delhi
- (iii)  Coast Guard HQ,
- (iv)  Ordnance Factory Board (Through D(Fy-II))
- (v) CGDA
- (vi) DGQA.

No. 11026/2/2011/D(Lands) Government of India Ministry of Defence

New Delhi, dated 18 March, 2015

To

## Copy to:

1. DG, DGDE, New Delhi
2. CC(R&D), DRDO, New Delhi
3. Coast Guard HQ,
4. Ordnance Factory Board (through D(Fy-II))
5. CGDA
6. DGQA

The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff

## Subject: Guidelines for issue of 'No Objection  Certificate (NOC)  for building constructions'-regarding.

I  am  directed  to  refer  to  circular  of  even  number  dated  18.05.2011  vide  which guidelines  for  issue  of  'No  Objection  Certificate  (NOC)  for  building  constructions'  were issued.    Consequent  to  representations/references  received  with  regard  to  restrictions placed by these guidelines on building construction in the vicinity of Defence Establishment where high rise buildings/structures already exist within 500 metres of the periphery, it has been  decided  to  issue  following  amendments  to  guidelines  by  adding  a  second  provisio under para 1(b) of Circular of even number dated 18.05.2011 as follows:

'Wherever  buildings/structures  of  four  storeys  or  more  already  exist  within  500 metres of the periphery of any Defence establishment and the construction proposed is in line  with  or  behind  i.e.,  in  the  shadow  or  shield  of  such  building/structure,  the  State Government/Municipal Corporation may, after obtaining comments from the LMA and giving due consideration to the same, decide whether to approve such proposals or not.  LMA shall give his comments within a period of 30 days from the date of receipt of a reference from the State government/Municipal Corporation. This order will be implemented prospectively.'

2. In  respect  of  proposals  for  construction  between  the  boundary  of  the  Defence establishments and the existing structure as indicated above and within 500 metres of the Defence establishments, the guidelines contained in Circular dated 18.05.2011 with regard to  NOC  from  the  LMA  shall  continue  to  apply.    Other  provisions  of  the  circular  dated 18.05.2011 and 18.03.2015 will also remain unchanged.

(Surya Prakash) Director(L&C)

*******

New Delhi, dated 17 th November, 2015