BENGALURU: The Karnataka High Court said authorities in the Ministry of Defence cannot issue guidelines by exercising executive powers to impose restrictions on proposed constructions within the vicinity of defence establishments.
“When the legislative scheme contained in the Works of Defence Act, 1903, provides for a methodology for imposition of restrictions regarding proposed construction in the vicinity of a defence establishment, they cannot resort to exercise of executive power to impose such restrictions,” the court said.
Disposing of the petition filed by Jambo Plastics Private Limited, represented by Merushikhar Infra LLP which holds power of attorney, Justice S Sunil Dutt Yadav said the right of the owner of the property to obtain sanction of building plan is a concomitant right of property which cannot be abridged by an executive fiat.
Accordingly, the guidelines would be illegal insofar as they infringe upon the right of the petitioner to enjoy his property, said the judge, directing BBMP to proceed with consideration of grant of sanction plan without insisting on adherence to guidelines.
Seeking to quash the endorsement dated September 3, 2016, issued by the joint director of Town Planning, Bruhat Bengaluru Mahanagara Palike (BBMP), the petitioner prayed to court to set aside the letter dated July 15, 2016, issued by the Chief Quality Assurance Establishment (Warship Equipment) and to issue directions to the BBMP Commissioner to consider the application submitted for issue of building sanction plan without insisting on a No Objection Certificate (NOC) from the Ministry of Defence, in terms of circular dated October 21, 2016. The petitioner is the owner of the piece of land on Tumakuru Road in the city.
The petitioner applied for sanction of plan for the development of a residential project in 2015. However, BBMP sought an NOC from the Ministry of Defence, which denied it.