Lok Sabha Question No. 2239 (UNSTARRED), answered on 2015-12-11
Subject: Vacant Defence Land in Maharashtra
Ministry: DEFENCE
Asked by: GOPAL CHINAYYA SHETTY

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE LOK  SABHA

## UNSTARRED QUESTION NO.2239 TO BE ANSWERED ON THE 11 TH  DECEMBER, 2015

## VACANT DEFENCE LAND IN MAHARASHTRA

2239.  SHRI  GOPAL SHETTY:

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

- (a)  whether  a large part of defence land is lying vacant in Maharashtra;
- (b)  whether any circular has been issued to ban construction activities in and around
- defence land;
- (c)  if so, the details thereof and the reasons therefor;
- (d)  whether  the  Government  has  received  any  memorandum  /  request  against  this circular; and
- (e)  if  so,  the  details  thereof  and  the  corrective  measures  by  the  Government  in  this regard?

## A    N    S    W    E    R

MINISTER OF STATE IN THE MINISTRY OF DEFENCE

j{kk jkT; ea=h

(RAO INDERJIT SINGH)

¼jko banzthr flag½

- (a)   Defence  lands  are  earmarked  for  military  purposes  only.    Defence lands which seem to be vacant, are open spaces required for conduct of training, sports, parades, exercises, manoeuvres etc.  In addition land on which planned infrastructure projects are to come up, would also appear to be vacant.  Hence, there are no vacant Defence lands.
- (b) to (e):    Guidelines  for  issue  of  NOC  for  building  constructions  was issued, vide Circular dated 18.05.2011 (Annexure-I), to regulate constructions around Defence Establishment.  Based on VIP references and representations, the guidelines dated 18.05.2011 was reviewed and amended vide Circular dated 18.03.2015 (Annexure-II) by adding a  proviso under para 1(b).

Further, based on the request of Chief Minister of Maharashtra and large  number  of  public  representatives  and  other  affected  citizens,  the guideline dated 18.05.2011 has been reviewed again and amended vide circular  dated  17.11.2015  (Annexure-III)  by  adding  a  second  proviso under para 1(b) of circular dated 18.05.2011.

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## ANNEXURE-I REFERRED IN THE REPLY GIVEN IN PARTS (b) TO (e) OF LOK  SABHA  UNSTARRED  QUESTION  NO.  2239  FOR  ANSWER  ON 11.12.2015

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

New Delhi, dated 17 th November, 2015

To

Copy 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'-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)

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
7. *******

## ANNEXURE-II REFERRED IN THE REPLY GIVEN IN PARTS (b) TO (e) OF LOK  SABHA  UNSTARRED  QUESTION  NO.  2239  FOR  ANSWER  ON 11.12.2015

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

New Delhi, dated 18 March, 2015

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

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## ANNEXURE-III REFERRED IN THE REPLY GIVEN IN PARTS (b) TO (e) OF LOK  SABHA  UNSTARRED  QUESTION  NO.  2239  FOR  ANSWER  ON 11.12.2015

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.

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

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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.
- (b)  Where  the local municipal laws do not so require, yet the Station Commander  feels  that  any  construction  coming  up  within  100  meter  (For multistoreybuilding  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)

Copy to:

DGDE; DRDO; Coast Guard HQ;

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

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