Construction restrictions near defence establishments relaxed

Mumbai: In a major development, the ministry of defence has lifted the restrictions on constructions located within 500 metres of defence establishments and clarified that only constructions within 50 metres of highly sensitive establishments will require an NOC from the local military commander

Mumbai: In a major development, the ministry of defence has lifted the restrictions on constructions located within 500 metres of defence establishments and clarified that only constructions within 50 metres of highly sensitive establishments will require an NOC from the local military commander.

Construction restrictions near defence establishments relaxed

The real estate industry has welcomed the decision and said this will clear an estimated 5,000 construction and redevelopment projects around defence establishments in Mumbai that were stalled after the May 18, 2011 circular issued in the wake of the Adarsh and Sukna scams that brought to the fore the misuse of defence land.

The circular dated December 23, 2022, issued by the ministry to the Chief of Staff in the army, navy and air force has superseded the previous guidelines regarding an NOC from the local military authority issued in 2011, 2015, and 2016.

“In such defence establishments not listed at Annexure A, wherever buildings/ structures of four storeys or more already exist within 500 metres of the periphery of any defence establishment and the construction proposed is in the line with or behind (ie in the shadow or shield of such building/structure), the state government/ municipal corporation may, after obtaining comments from the LMA and giving due consideration to the same, decide whether to approve such proposals or not,” the circular stated.

Mumbai North MP Gopal Shetty said he had taken up the issue in 2014 and had got many things cleared from Manohar Parrikar when he was defence minister. “Now the Maharashtra government will bring in the new rules for buildings close to defence establishments,” he said.

“This decision will bring major relief to people living in old and dilapidated buildings around central ordnance depots,” said Keval Valambhia, chief operating officer, Maharashtra Chamber of Housing Industry which represents nearly 1,800 developers in the Mumbai Metropolitan Region. Rajan Bandelkar, president of the National Real Estate Development Council, which had repeatedly taken up this issue with the ministry of housing and urban affairs said, “Most of the projects in Mumbai will benefit from these guidelines. We expect nearly 5,000 buildings impacted by the 2011 guidelines to get relief.”

BJP MP from Mumbai North East, Manoj Kotak said, “This will change the lives of many living in dilapidated buildings, many of which have been declared dangerous. Some of them are living away from their homes.” In Bhandup and Kanjurmarg, slum rehabilitation projects were stuck, as an NOC was required, added Kotak. “The decision to reduce the safety margin will also greatly benefit people,” he said.

Shetty said the guidelines would not benefit the residents around Kandivali and Malad where sensitive ordnance depots are located but areas at Malad would get relief on account of the reduction of the safety margin.

However, the December 23 guidelines have dashed the hopes of Juhu residents who have been protesting against the World War II Juhu wireless transmission station which has stalled redevelopment in a 500-metre radius in the Juhu Circle, JVPD area since 2011. “This circular and all previous circulars are not applicable to Juhu. We do not have a defence establishment but a transmission station governed by SRO 150 notification dated June 19, 1976, as per Section 3 of the Works of Defence Act, 1903. This was issued by the President of India,” said Prof B Lakdawala, who is spearheading the protests of the Juhu Wireless-Affected Residents Association.

The notification restricts the height of the structures within this buffer zone to 15.24 metres citing obstruction to a radio signal and has stalled the redevelopment of buildings in the area since 2011. “Technology has advanced so much that radio signalling is obsolete,” said Lakdawala. The transmission station has a community hall which is used for weddings, yet they are citing national security to obstruct redevelopment. People in projects which were already demolished when this notification was brought in in 2011 are suffering without their rightful homes.”