Commander. But in the guidelines of 2016, the words “for multistory building of more than four storeys the distance shall be 500 mtrs” are missing. The endevour of Mr. Subramanian is to contend that, by implication the said words must be read in 2(a) of the guidelines of 2016. I am afraid such a plea cannot be accepted. The Clause 2(a) of 2016 guidelines only stipulates a restriction of 10 mtrs with regard to installations located at 193 stations as listed in Part A of Annexure to the circular that too, to maintain a clear line of sight for effective surveillance. There is nothing in the circular to show any restriction has been put for construction beyond 10 mtrs. In other words, the words “for multistory building of more than four storeys the distance shall be 500 mtrs” have not been stipulated in the guidelines of 2016, which have been framed as amendment to 2011/2015 guidelines. Further the words ‘Any construction or repair activity within such restricted zone of 10 mtrs will require prior No Objection Certificate (NOC) from the Local Military Authority (LMA) / Defence Establishments” also throw light, that construction activity beyond 10 mtrs without height restriction is permissible. If the Authority intended to put any restriction on the height, it would have specified so, as was done in Clause 2(b) of the guidelines dated October 21, 2016. The effect of the amendment is that it shall replace the old guidelines of 2011/2015 and shall continue to govern the issue of NOC for building construction, w.e.f October 21, 2016. So, the construction of building above four storeys beyond 10 mtrs. is permissible. In fact, this is how the Commandant has also, read the guidelines to mean. This I say so, as pointed by Mr. Nigam that, the Commandant has not objected to the construction of a Hotel, with nine floors of a height of 36 mtrs. The Commandant has given some justification as to what action he has taken on such construction. But the fact is, the Hotel is in place and a Completion Certificate has been issued to the Hotel. So, the plea of Mr. Balasubramanian is without any merit and is rejected.”
