The circular chalked out guidelines for giving no-objection certificate (NOC) for construction near the land under the jurisdiction of central ordinance department (COD).
A ministry of defence (MoD) circular issued last week regarding constructions in the vicinity of defence establishments has created confusion and unrest among residents and developers in Malad, Kandivli and Borivli. Many complained that instead of clear-cut guidelines, the circular has complex and tongue-twisting administrative jargon, which leaves many loopholes.
The circular chalked out guidelines for giving no-objection certificate (NOC) for construction near the land under the jurisdiction of central ordinance department (COD). It stated that consequent to the representations and references received with regard to the restrictions placed by the guidelines of circular dated March 18, 2015, it was decided to issue some amendments to the guidelines.
According to the amendment, "Wherever buildings or structures of four storeys or more already exist within 500 m of the periphery of any defence establishment, and the construction proposed is in line with or behind ie is in the shadow or shield of such building or structure, the state government or municipal corporation may, after obtaining comments from the local military authorities (LMA) and giving due consideration to the same, decide whether to approve such proposals or not. The LMA shall give his comments within a period of 30 days from the date of receipt of a reference from the state government or municipal corporation. This order will be implemented prospectively."
The biggest catch, however, was the last paragraph, which stated, "In respect of proposals for the construction between the boundary of defence establishments and the existing structure as indicated above and within 500 m of the defence establishments, the guidelines contained in circular dated May 18, 2011, with regard to the NOC from LMA, shall continue to apply. Other provisions of the circular dated May 18, 2011, and March 18, 2015, will also remain unchanged."
A developer from Kandivali (E), whose project has been stalled since 2011, said those with political clout and money will get away because of the loopholes in the circular. "While in one paragraph, the word 'periphery' has been used, in the next paragraph 'boundary' has been used. Also regarding the NOC, the state government or municipal corporation will decide on the proposals after obtaining comments from the LMA, which is so ambiguous," said the developer.
Meanwhile, development of at least 650 buildings has been stalled and residents of at least 70 buildings, who have already entered with an agreement with the developers and have vacated their homes to make way for the new buildings, have been left in a lurch, as their buildings have been demolished to the ground level.
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