SANJAY NARANG Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, praying that an order be issued directing the respondents to include Landour Cantonment, Mussoorie, Uttarakhand in Annexure-A to "Guildelines for issue of no Objection Certificate (NOC) for building constructions" dated 21.10.2016 (hereafter "the Circular").

(2.) The petitioner claims to be an owner of a property known as Dahlia Bank, Survey No. 157, Landour Cantonment, Mussoorie, Uttarakhand (hereafter "the property"), which is situated in the vicinity of Institute of Technology Management (hereafter "ITM"). The said institute was established in the year 1962 and is operated by the Defence Research and Development Organization (DRDO). Concededly, ITM is classified as a defence establishment.

(3.) By a notification dated 30.08.2005 issued in exercise of powers conferred under Section 3 of the Works of Defence Act, 1903 (hereafter "the Act"), the Central Government had imposed certain restrictions as specified in Clause (c) of Section 7 of the Act, on the use and on enjoyment of the land lying within the distance of 50 metres from the crest of the outer parapet of the boundary of ITM. The implication of the aforesaid notification is that no variation in the ground level, no building, wall, bank or other construction can be erected, added or altered except with the written approval of the General Officer Commanding of the District. Thus, the petitioner is proscribed from excavation or raising any construction on the property in question (Dahlia Bank) as the same is located within the distance of 50 metres from the boundary wall of ITM.