BUDA and the City Corporation are not sanctioning building plans on private freehold land in close proximity (50 metres or 165 feet) to Cantonment or military land boundaries until an. N.O.C. is obtained from various military authorities.
Dr. Nitin Khot says it is necessary to clarify the picture and establish the correct legal procedure.
It appears to me both BUDA and the City Corporation authorities might be acting on letters dashed off to them by military officers in Belagavi like the letter from Col. Dalawai-
But it seems they are unaware of, or oblivious to two legal points:
1) The Works of Defence Act 1903, which Col. Dalawai refers to, has a well set, clearly specified procedure to be applied to any area that has been approved by Parliament and declared to be an area around a particular sensitive Defence establishment that needs to be kept free of construction.
Such a declaration has to be signed by the Secretary to the Government and public notice thereof has to be given by the Deputy Commissioner of the Distric1 who has to give public notice of the declaration and of the specific area which has to be mapped. The DC has then to determine and award compensation to the affected persons.
No part of this procedure has been applied to any part of Belagavi —‘not’ now, nor since 1903.
It is well established that any Order by an officer must be supported by law — or it shall be regarded as arbitrary and, as such, it needs to be ignored.
2) The officer who wrote the letter to BUDA— and to the City Corporation and other civilian officials seemed unaware of, or oblivious to, the Order of the Ministry of Defence, sent to all Chiefs of Staff on 21 October 2016 and to the Director Defence Estates on 25/10/2016 (during the late Shri Manohar Parrikar’s tenure as Defence Minister).
According to this Order, there are 193 places in India where a NOC is required for civilian construction within 10 meters of a Defence installation/ establishment.
There are 149 stations (mostly in Kashmir), where restrictions on constructions extend to 50 metres or even 100 metres.
You will find that Belgaum/Belagavi is nowhere on the list of places where there are restrictions. This means that in Belagavi there are no restrictions on construction near a defense boundary.
The Ministry of Defence has never applied the Works of Defence act to any part of Belagavi – nor has included any part of Belagavi in any list of ‘restricted’ places.
(The reason for this is also very easy to understand – Shri Manohar Parrikar used to visit Belagavi at least twice a month when he was a businessman in Goa and knew very well the Belagavi has only three ‘light infantry’ training schools here).
Therefore, if the military officers here are writing such letters, as the one at Annexure 2 on behalf of the Station Commandant, then these letters deserve to be ignored as they are misrepresenting the law, since
(a) the letter has been issued invoking the Works of Defence Act, 1903,— which the Lok Sabha has never allowed to be applied to any part of Belagavi, and
(b) the Ministry of Defence itself has 365 days before the letter issued clear Orders to all branches of the Defence Department to exempt Belagavi from any restrictions.
It is therefore unfair to those “inspirational Indians” who aspire to build their own dwelling unit, with their own hard-earned funds on their own freehold land, to be asked by civilian authorities, who anyway are only bound by the Acts of the State of Karnataka, and not by the letters of any Army officer — to be asked to go and obtain an NOC, from some Army Authority — somewhere in the country (Pune, Bengaluru or New Delhi) who is not even empowered by law to issue such NOC.
This point may be carefully studied so that hapless civilians are not put to needless distress.