HC directs ‘No construction’ in and around Bari-Brahmna Military Station

JAMMU, NOV 9: In yet another major development, Justice Dhiraj Singh directed State Authorities to ensure that no further construction in and around Bari-Brahmna 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, further read with communication dated 07-09-2018 issued by the Deputy Commissioner Samba.
During the course of hearing, Sr Panel Counsel Adv Danish Butt appearing for the Adm Commandant submitted that vide letter dated 18-05-2011, the Ministry of Defence, Government of India issued guidelines pertaining to issuance of ‘No Objection Certificate’ for construction of buildings in the 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 meters away from the outer wall of such 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 local Military authorities. The above guidelines were revised vide letter dated 21-10-2016 issued by Ministry of Defence, Government 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 upto 100 meters 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 meters and height restrictions of 03 meters (1 storey) shall be applicable. It was further laid in the revised guidelines that any construction on repair activity within such restricted zone between 50 to 100 meters will require prior No Objection Certificate (NOC) from the Local Military Authority Defence Establish-ments.
He further submitted that a lot of construction activity is carried out by civilians/ private respondents in form of houses and commercial buildings within the prohibited zone around petitioner’s establishment. (JNF)