No.F. 11026/20/2011/D(Lands)
Government of India
Ministry of Defence, dated 23rd December,2022

Reference circular of even number dated 18.05.2011 read with amendments
issued vide circular of even number dated 18.03.2015 & 17.11 .2015 and NoC guidelines
issued vide MoD letter dated 21 .1 0.2016 regarding grant of No Objection Certificate
(NOC) from the Local Military Authority (LMA) for construction of buildings in vicinity of
defence establishments.

In supersession of above guidelines, fresh guidelines for issue of NOC for
construction in vicinity of defence establishments are laid down as under:-

i. In places where local municipal laws require consultation with the Station
Commander before a building plan is approved, the Station Commander may
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 I views I NOC will be
conveyed only to State Government agencies or to Municipal authorities, and
under no circumstances shall be conveyed to builders I private parties.
ii. Where the local municipal laws do not require, yet the Station Commander feels
that any construction coming up within 50 meter radius of defence establishment
which are listed at Annexure A, is 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 convinced, then the Station Commander may
convey its objection I views to the local municipality or State Government agencies.
In case the Municipal Authority I State Government do not take cognizance of the
said objection, then the matter may be taken up with the higher authorities, if need
be through AHQ I MoD. Provided that :-

a) For all other defence establishment not listed at Annexure A, the said
prescribed distance shall be 100 meter (for multistoried building of more
than four storey, the distance shall be 500 meter) from the periphery;

b) In such defence establishments not listed at Annexure A, wherever
buildings I structure 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 i.e. in the shadow or shield of such
building I structure, the State Government I Municipal Corporation may,
after obtaining comments from the LMA and giving due consideration to the
same, decide whether to approve such proposals or not. LMA shall give his
comments within a period of 30 days from the date of receipt of a reference
from the State Government I Municipal Corporation.
ii. NoC from LMA/defence establishment would not be required in respect of a
construction for which permission had been issued by the competent authority prior
to 18.05.2011. However, this proviso shall not apply to any amendment to said
construction permission with regard to height, if such amendment has been
allowed after 18.05.2011.
iii. Objection I views I NOC 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 I builders under any circumstances.
NOC once issued will not be withdrawn without the approval of the Service HQrs.
However, MoD reserves the right to review any NoC granted by the Station
Commander and pass such order thereon as deemed fit.
iv. These instructions wi ll not apply where constructions are regulated by the
provisions of the existing acts I notification viz., Cantonments Act, 2006, Air Craft
Act, MoCA, 1934, Gazette Notification SO 54(E) dated 14.01.2011 (as revised
from time to time), Works of Defence Act, 1903, etc. In such cases provisions of
the concerned Act I Notification will continue to prevail.

I. Defence establishments/installations under management of Army where
security restrictions shall apply upto 50 mtrs from the outer wall of such defence
establishments/installations