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MUNICIPAL CORPORATION OF GREATER MUMBAI
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Sub: Building proposals in the vicinity of Defence Establishment,
Central Ordinance Depot, Malad & Kandivali. ;.." ~
Ref: (1) Circular of U.D. Dept., Govt. of Maharashtra ulna. ~.,~
'(11J11"'~::>- ~r·.~
2010/2624~421/10(31rJT-2)r.;:;fct-12 f4.04/11/2010.Pg. C-1
(2) Circular of Ministry of Defence, Govt. of India u/no. 11026/2/2011 D
(lands) dt. 1810512011 received on 12/0212012. Pg, C-3 to C-5
(3) Circular of U.O. Dept., Govt. of Maharashtra ulna. ~~-20121
2624/1;fSif\ 12 (31m-2) I ;ITa--12 1'4. 21/02/2015 Pg. C-7 to C-11
(4) Circular of Ministry of Defense, Govt. of India ulNa. 11026/2/2011 0
(lands) dt. 18/03/2015. Pg. C-13
(5) MGCNIP/465 dt.10.03.2015. Pg. C-15 to C-25
(6) Letter from Hon'ble M. P. ShrLGopai Shetty along with a copy of
letter addressed by him to Hon'bleDefence Minister, Govt of India
dt.23.03.1S. Pg. C-27 to C-29
Reference is requested to a letter from Hon'ble M. P. Shri Kir;t Somaya
addressed to Hon'ble M. C. and letter from Hon'ble M. P. Shri Gopal Shetty regarding
N.O.C. for development in the vicinity of Defense lands.
The Gist of the case is as below:
Urban Development department, Govt. of Maharashtra had issued guidelines
ulna. CRZl2010/2634/CN421/10(part 2)10 dtd. 04.11.2010 Wherein it is mentioned in
Para (3) as:
'While granting any development permission in Mumbai Municipal Corporation
limits, if there is defense, Army, Navy or any defense related establishment in
the vicinity, prior NOC from such establishment shall be obtained".
Since, many issues were not addressed in the said circular, MGCM vide letter
Ch.EJ14909/DPIP & R dtd. 21.12.2011 has reql,Jested clarification on the
following points.
1) To specify the peripheral distance from the boundary of the concern defence
establishment for which NOC will be required.
2) To clarify whether the Defence NOC is required for the works in which 100 J
CC etc. is issued for development I redevelopment and substantial work has
been carried on site.
However till date the clarification is not received.
Since there was no distance specified in the above referred circular and hence
the public at large were not aware of any restrictions regarding the development
permissions in areas near defense establishments.
Subsequently Ministry of defense Govt. of India has issued instructions I
guidelines in the interim to regulate grant of NOC to their commanding officers
regarding No objection Certificate (NOC) for building construction ulna.
11026/2/2011/0 (Lands) dtd. 18.05.2011.
The copy of the said interim instructions/guidelines was send to UO Deptt. &
Municipal Commissioner by defence Oeptt.on 12.02.2012. (copy at page C-3 to
C-5 )
As per the above interim instructions/guidelines it is stated that:·
"a} In places where local municipal laws require consultation with the Station
Commander before a buildin Ian is a roved the Station Commander mav
convey its views after seeking approval from next higher authority not below the
rank of Brigadier or equivalent within four months, of receipt of such requests or
within the specified period, if any required by law. Objection/views/NOC will be
conveyed only to State Government agencies or to Municipal authorities, and
under no circumstances shalf be conveyed to builders/private parties.
b) Where the local municipal laws do not so require, yet the Station Commander
feels that any construction coming up within 100 meter (for multistory building of
more than four storeys the distance shall be 500 meters) radius of defence
establishment can be a security hazard, it should refer the matter immediately to
its next higher authority in the chain of its command. In case the next higher
authority is also so conveyed, then the Station Commander may convey its
objection/views to the local municipality or State Government agencies. In case
the municipal authority/State Government do not take cognizance of the said
objection, then the matter may be taken up with higher authorities, if need be
through AHQ/MoD.
c) ObjectionlviewslNOC shall not be given by any authority other than Station
Commander to the local municipality or State Government agencies and shall not
be given directly to private parties/builders under any circumstances.
d) NOC once issued will not be withdrawn without the approval of the Service Hqrs.
~\
2. These instruction will not apply where constructions are regulated by the provisions of I
the existing acts/notification viz. Cantonments Act, 2006, Air Craft Act, MaCA, 1934., I
Gazette Notification SO 84(E) dated 14.01.2011 (as revised from time to time), Works of I
Defence Act, 1903, etc. in such cases provisions of the concerned Act/Notification will I
continue to prevaiL" I
Thus it is clear that the implementation of requirement of NOC from defence
establishments was necessary only after the date of the receipt of the interim
instructions/guide lines issued by Ministry of defense Govt. of India on
12/02/2012, since before the said interim guidelines, no zone was ever specified
for requirement of NOC from defence establishment.
According to the above interim instructions/guidelines fresh proposals received to
this office within SOOm radius of defence establishments were sent to concern rc:l!oloo8
defence authority along with the requisite documents/ plans for their NOC.AII the
proposals were more than 4 stories and hence in accordance with the interim
guidelines almost all these proposal are rejected by the commanding officer.
C} Recently fresh guidelines are issued by Urban Development Department, Govt.
Of Maharashtra vide Circular u/No. CRZl2012/CM-2/121UD-12 dtd. 21.02.2015.
Copy at Pg. C - 7 to Pg. C-11 thereby superseding the earlier guide lines dated
4/11/2010.
Reference is kindly requested to para (~ (5) (f (~) of the above said circular as
below:
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(5) ~ fa"1iCflI4F8,,"1 cfm" faq~i-c-'" ~ ~1"1CfitRi5'{ 3l1TaT ~ af(IIOI"1i ~
~ "11actlalll'l:) ~ CR ~ a- rifacUa(1 .3i1fUt ~ ~ 31'HFQI~
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m~tR<ll ifiliii1" ~ ~ .3i1fUt tRl{l'{l¢(!s ~Cfi~:£l)"Iii1 q IfldIHilii1!
~ 1966 ~ (Hti~"1.~R 3fm:r Cfillldl\fr ifi'UCft. tRT>T ::r<uT3Cf>rofl 3mT
~ aOl"~I\j<d'l ~ .mt;r mIT ~ ~ ~1I~<T\ICfl~ I ~ ~11~"1ICfig ~
~ (=<IT<R 3fm:r ~li1~.
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~~ "1{'t(1I"1I~ ~ ~ ~ 1 fo:l<n"lii1 ~ifi{oliafl ~
Q@IClI{'tIi5) lRt;or ~ "1T-~ '>ItRIOr4'ii ~ ~ JffiUt ~ ~
~ Yft1ICliii11 ~ fa31ldlloil 3'lct,<llIQt\'1 ii1T-~ 'IOIAIOIQ:lf ~ ~ CR
mIT ¥T~' ~ qf(q:ilifiltl fa"1iifil4r~"ii1 30 ~c"8it) ~ ~
~ ~ 1Iioaiitnoil ~ ~ ~ (1{oaiiiti'la ~4)"I0i l1l1tlifi{oritrfl
Agl:(l~ ~ q ;jJIHilOiI ~ 1966 ~ ?I'l(1~;j'HI{ 3fm:r ifilllal~
" .;)
As already stated the proposals already submitted to the defence authority
have already been rejected by the authority in accordance with the interim
instructions/guide lines. Further any new proposals forwarded to the
defence authorities are likely to be rejected in view of the interim
instructions/ guide lines as all the proposals will be more than 4 stories.
Hon'ble M.P. SHRI Gopal Shetty has vide letter dated submitted a copy
modification issued to the interim instructions/guidelines issued by Director
(L & C), Ministry of Defence, Govt. of India u.lno. 11026/2/20111D(lands)
dtd. 18.03.2015 (Copy at Pg. c-27 to C29).
As per the above modification in the interim instructionsl guide lines dated
18/03/2015, the proposal for which permission has been issued prior to
issue of interim instructions/ guide lines dated 18/5/11 can be processed
further without any amendment with respect to height.
However since the permissions are issued in stages with respect to height
of the buildings, the said circular, will not be of any help for works in which
only initial permissions are granted. It may be mentioned that most of the
proposals are of redevelopment of the exciting old dilapidated
buildings/Slum re-development(under the Slum Redevelopment Authority)
and depend on the full consumption of the floor space index potential, which
are approved in a phase wise manner for its viability. Thus any restrictions
on height will jeopardies the proposal itself.
Hon'ble M.P. Shri.Gopal Shetty had vide letter dtd. 23.03.2015 has
requested to put up a detailed note to Hon'ble M.C. It is mentioned by him
that this issue is discussed in detail with Hon'ble Ministry of Defence, Govt.
of India. He has also attached his letter, addressed to Hon'ble Defence
Ministry.
AccOiding to Hon'ble M.P. Shri. Gopal Shetty, Hon'ble Defence Minister
has asked to put up a note through U.D. Deptt., Govt. of Maharashtra,
regarding the hardships faced and further clarification/modification sought
with rp.n~rd to the issue of NOC for construction.
Hence in view of the above it is proposed that matter be taken up by U.O.
Deptt. Govt. of Maharashtra with Defence minister for not to insist NCiC .
from Defence establishment for the properties for which the proposals
are accepted by the planning authorities prior to 12.02.2012(i.e. the
date on which the guidelines are received from defence deptt. by U.D.
Deptt. Govt. of Maharashtral Municipal Commissioner} irrespective of
any subsequent amendment to the proposal, which wilt be strictly a8
per the Development control rules of the respective planning
authorities.
It may be further submitted that most of the proposals are of redevelopment
of the existing old buildings which have become dilapidated due to age of
the structure and are in urgent need of redevelopment, else a mishap is
possible. Further the development of the D.P. Roads and other public
amenities will not be developed as major portion of the property around the
CDO boundaries are encroached by slum and the entire development of
which proposals are accepted shall come to a stand still.
In view of the above, a draft letter to U.D.D., Govt. of Maharashtra is put up at
Pg~+[ for Hon'ble M.C.'s approval. On receipt of approval, the letter under the
signature of undersigned will be issued.
Submitted please.
~~\\t\,
Chief Engineer ,
I
(Development Plan) I
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