NO construction in and around the Sujwan Military Station : HC

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Jammu Tawi, May 22
In a major development, High Court directed State Authoirties to ensure that no further construction in and arround the Sujwan Military Station takes place which is in violation of guidelines issued by the Ministry of defence till next date of hearing. This landmark order has been passed by Justice Alok Aradhe in a petition filed by Union of India through ADM Commandant Sunjuwan Military Station, Jammu.
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. 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 Stale of J&K including Sunjuwan 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 thai 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 he 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 Fstablishments.
He further submitted that a lot of construction activity is carried out by civilians / private respondents No 17 to 41 in form of multi-storeyed houses and commercial buildings within the prohibited zone around the petitioner’s establishment and at places Ohe construction is abutting the outer wall of the Military Station. 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, Sunjuwan.
During the course of hearing Sr Panel Counsel Adv Danish Butt that as the illegal constructions pose a major security threat to the Sunjuwan Military Station, the petitioner as well as the individual Units have time and again approached the concerned Civil and Police authorities with written complaints and requested for taking necessary action for removal/stopping of constructions. However, despite of approaching both Civil and Police authorities, they have failed to initiate any action in this regard and on the contrary have even gone to the extent of aiding the civilians / private respondents in carrying out the construction in blatant violation of laid down laws as well as MOD Guidelines.
Justice Alok Aradhe after hearing Sr Panel Counsel Adv Danish Butt in length issued notice to Home Secy & Other and observed that Counsel, appearing for the petitioner, submits that in and around the Sunjwan Military Station, a lot of illegal construction is being raised by the respondents and in particular, priavte respondent which is impermissible in law and the petitioner has approached all the authorities in this regard. However, the communications submitted by the petitioner have failed to evoke any response.
Justice Alok Aradhe observed that in view of the aforesaid submissons and in the facts of the case, it is directed that State respodents including Divisional Commissioner, Deputy commissioner, Commissioner JMC, VC JDA, SSP Jammu and all concerned police stations/ police posts shall ensure that no further construction in and arround the Sujwan Military Station takes place which is in violation of guidelines issued by the Ministry of defence till next date of hearing. JNF

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