SPEED POSTNo751/26/UDE/2011Dte. General Defence EstatesGovt. of India, Ministry of DefenceRaksha Sampada BhawanUlaanbaatar Marg, Delhi Cantt-10Dated: 01- June 2011

To,

The Principal DirectorlDirector, DE,Ministry of Defence,Central/SouthernNVestern/Eastern/NorthernlSoutl1 Western Command,Lucknow/Pune/Chandigarh/Kolkata/Jammu/Jaipur.

Subject: Guidelines for issue of 'No Objection Certificate (NOG), for buildingconstructions.

" /1"~'Please find enclosed herewith a copy of MoD letter No.11 026/2/2011 ID(Lands)

dated 18th May' 2011. All CEO's and DEO's/lndependent ADEO's in your Dte. may beadvised accordingly.

Please acknowledge receipt.

Encls. : As above.

~(Prachur Goel)DIL Dy. Director Generalfor Director GeneralDefence Estates

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'No. 11026/2/2011/0(Lands)

Government of IndiaMinistry of Defence

New Delhi, the 18th May, 2011 ..To

Chief of Army StaffChief of Air StaffChief of Naval StaffNew Delhi. I

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Subject: Guidelines for issue of 'No Objection Ce-tificate (NOG)' forbuilding constructions.

Of late, issue of NOC for construction on lands adjacent to DefenceEstablishments has generated avoidable controversies particularly in two recentcases, viz., Sukna and Adarsh. Various issues involved in these two cases werereviewed and the matter has been considered in detail in the Govt. in consultation withthe Services. It is felt that Works of Defence Act, 1903 which imposes restrictionsupon use and enjoyment of land in vicinity of Defence Establishments needs to becomprehensively 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, itwas felt necessary to issue instructions in the interim to regulate grant of NOC. Theobjective of these instructions is to strike a balance between the security concerns ofthe forces and the right of public to undertake the construction activities on their land.Following quidelines are therefore laid down:

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

(b) Where the local municipal laws do not so require, yet the Station Commanderfeels that any construction coming up within 100 meter (for multistorey buildingof more than four storeys the distance shall be 500 meters) radius of defenceestablishment can be a security hazard, it \:;hould refer the matter immediatelyto its next higher authority in the chain of its command. In case the next higherauthority is also so convinced, then the Station Commander may convey its

\ '1.1)~ objection/ views to the local municipality or State Government agencies. In caseI 1"'1> e,lt' 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~~ic\cC:-l\} through AHQ/MoD.

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(c) Objection/views/NOC shall not be given by any authority other than StationCommander to the local municipality or State Government agencies and shallnot be given directly to private parties/builders under any circumstances.

(d) NOC once issued will not be withdrawn without the approval of the ServiceHqrs.

2. These instructions will not apply where constructions are regulated by theprovisions 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 totime), Works of Defence Act, 1903, etc. In such cases provisions of the concernedAct/Notification will continue to prevail.

M.;;;:;. A-. (Dr. A. . Slng~Director (L&C)

Copy to:

\.-/[YGDE; DRDO; Coast Guard HQ;CGDA; DGQA; OFB [through O(Fy-II)]

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