HC bars Const around Bari Brahmana Mil Stn
TNN Bureau. Updated: 11/10/2018 12:23:43 PM
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JAMMU: In a major development, Justice Dhiraj Singh directed State Authorities to ensure that no further construction in and around the Bari-Brahmana, Military Station, which is otherwise in violation of guidelines issued by the Government of India, Ministry of Defence vide communications dated 18-05-2011 and 24-10-2016 read and communication dated 07-09-2018 issued by Deputy Commissioner Samba.
During the course of hearing, Counsel for the Adm Commandant submitted that vide letter dated 18-05-2011, the Ministry of Defence. Govt of India issued guidelines pertaining to issuance of No Objection Certificate for construction of buildings in the near vicinity of Defence Establishments.
In the guidelines, it was laid down that due to security restrictions in respect of Defence Establishment installations, construction if any to be undertaken by private persons should be at least 100 metres away from the outer wall of such Defence Establishment so as to ensure effective surveillance.
It was also laid down that any construction or repair activity within such restricted zone will require prior No Objection Certificate from the local Military authority. The above guidelines were revised vide letter dated 21-10-2016 issued by Ministry of Defence, Govt of India wherein it has been laid down that security restrictions in respect of Defence Establishment Installations situated at various locations in J&K including Military Station, Jammu shall apply up to 100 metres from the outer wall of such Defence Establishment/Installations to maintain clear line of sight for effective surveillance.
The revised circular further laid down that any construction or repair activity shall not be permitted within 50 metres and height restrictions of 03 metres (01 storey) shall be applicable for the distance from 50 metres to 100 metres.
It is further laid in the revised guidelines that any construction on repair activity within such restricted zone between 50 to 100 metres will require prior No Objection Certificate (NOC) from the Local Military Authority Defence Establishments.
He further submitted that a lot of construction activity is carried out by civilians / private respondents in form of multi-storeyed houses and commercial buildings within the prohibited zone around the petitioner's establishment. The construction so raised by the civilians/private respondents varies from 02 metres to 50 metres radius from the outer of wall of Military Station, Bari-Brahamana.