Restrictions imposed on constructing buildings near defence areas

Imphal, May 28: People must take a no objection certificate (NOC) from the station commander of the Assam Rifles before constructing any multi-storied buildings within a radius of 100 metres near defence establishments for double-storeys and 500 metres for buildings with more than four stories.

According to a highly placed source, a directive from the Union Ministry of Defence, has issued interim instructions on May 18 that includes guidelines for issuing of No Objection Certificates (NOC) for construction of multi-storied buildings in the vicinity of defence establishments.

The Works of Defence Act, 1903 which imposes restrictions upon use and enjoyment of land in the vicinity of the defence establishment needs to be comprehensively amended so as to take care of the security concerns of the defence forces, the directive further stated.

“The process of amendment has been put in motion and may take some time, the defence ministry felt it necessary to issue interim instructions to regulate grant of NOCs. The objective of these instructions is to strike a balance between the security concerns of the force and the right of the public to undertake the construction activities on their land.”

In places where local municipal laws require consultations with the station commander before a building plan is approved, he may convey his views after seeking the approval from the next higher authority, not lower than the rank of a Brigadier or equivalent, within four months of receiving such requests.

Even when the local municipal laws are not required, the station commander can restrict the construction of double-storey buildings within 100 metres and four-storeys and more buildings within a 500 metre radius from defence establishments if he feels that it poses a security hazard.

The headquarters of Inspector General, Assam Rifles (South) has sent a letter to the state Revenue commissioner recently that an important aspect of this act is to impose restrictions upon the use and enjoyment of land in the vicinity of defence establishment so that such land may be kept free from buildings and other constructions, and for determining the amount of compensation to be paid to the landowners.

In view of security concerns, the state government have issued instructions to the concerned department for the publication of the notification under Works of Defence Act, 1903 for non-construction of any buildings at a distance of two thousand yards from the crest of the garrison as per section 7 of the sub Act.