JUDGMENT : Petitioner and his wife hold an item of land at Mukkunnimala within the limits of the first respondent Panchayat. They preferred an application before the Panchayat for building permit to put up a residential building in the said land. The Kerala Panchayat Building Rules, 2011 (2011 Building Rules) was in force at the time when the petitioner preferred the application. The land of the petitioner is situated within 100 meters of an establishment of the Indian Air Force. In terms of Rule 7(5) of the 2011 Building Rules, in the case of an application for construction of building within a distance of 100 meters from any property maintained by the Defence Establishments, the Secretary of the Panchayat is required to consult in writing the officer in charge of the establishment and required to consider the objections, if any, of the officer also while considering the application for building permit. In the light of the said Rule, the Secretary of the Panchayat sought the No Objection Certificate of the second respondent, the Chief Administrative Officer of the Air Force Station, Shangumugham, under whose jurisdiction the establishment of the Indian Air Force at Mukkunnimala falls. The request made by the Secretary of the Panchayat was, however, turned down by the second respondent. The Secretary of the Panchayat, in the circumstances, issued Ext.P9 communication to the petitioner and to his wife informing them that the building permit sought by them cannot be granted. Ext.P9 communication is under challenge in the writ petition. 2. A statement has been filed initially on behalf of the second respondent in the matter. Later, as directed by this court, a few counter affidavits/affidavits have also been filed by the second respondent. 3. In the statement filed on behalf of the second respondent, the stand taken by the second respondent is that the land of the petitioner is situated 10 meters away from the establishment and there is a restriction on constructions upto 100 meters from the boundary wall of the establishment. In the counter affidavit filed by the second respondent later on 14.11.2019, it is stated that the establishment is one of the lodger units of the Shangumughom Air Force Station and the restriction on constructions is imposed in terms of Ext.R2(g) declaration issued under the Works of Defence Act 1903 (the Act). 4. In the counter affidavit filed by the second respondent later on 14.11.2019, it is stated that the establishment is one of the lodger units of the Shangumughom Air Force Station and the restriction on constructions is imposed in terms of Ext.R2(g) declaration issued under the Works of Defence Act 1903 (the Act). 4. On 15.11.2019, this Court directed the second respondent to explain as to how a lodger unit of an Air Force Station included in Ext.R2(g) declaration would fall within the scope of the said declaration. Thereupon, an additional counter affidavit has been filed by the second respondent on 14.01.2020 stating that all areas brought under the command and control of the Air Force Stations included in the declaration would also fall within the scope of the declaration. 5. Heard the learned counsel for the petitioner, the learned counsel for the Panchayat as also the learned Assistant Solicitor General of India. 6. The contentions advanced by the learned counsel for the petitioner, in essence, is that the restriction in terms of Ext.R2(g) declaration does not apply to the establishment of the Air Force at Mukkunnimala in as much as the said establishment is not included in the said declaration. 7. Per Contra, the learned Assistant Solicitor General of India submitted that the establishment of the Indian Air Force at Mukkunnimala being part of the Air Force Station at Shangumukham included in Ext.R2(g) declaration, the restrictions in terms of the declaration would apply to the lands around the said establishment also, irrespective of the fact as to whether the same is specifically included in the declaration. 8. 2011 Building Rules has now been replaced by the Kerala Panchayat Building Rules, 2019 (2019 Building Rules) and in terms of sub-rule (4) of Rule 5 of 2019 Building Rules, No Objection Certificate of the officer in charge of the defence establishment is required for the Panchayat to consider an application for building permit, if the proposed building is within 10 meters from the defence establishment. Even in the absence of any provision in the Building Rules, if there is a restriction on construction of building in a particular land in terms of the provisions of a statute, buildings can be constructed in that land only subject to such restrictions. Even in the absence of any provision in the Building Rules, if there is a restriction on construction of building in a particular land in terms of the provisions of a statute, buildings can be constructed in that land only subject to such restrictions. The short question, therefore, is as to whether the restrictions on constructions in terms of Ext.R2(g) declaration applicable to the lands around the Shangumugham Air Force Station would apply to the lands around the lodger unit of the Shangumugham Air Force Station situated at Mukkunnimala. 9. As noted, Ext.R2(g) is a declaration issued under Sections 3 and 7 of the Act. Sections 3, 7 and 8 of the Act read thus: “3. Declaration and notice that restrictions will be imposed.—(1) Whenever it appears to the Central Government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders. (2) The said declaration shall be published in the Official Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality. (3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions. x x x x x x x x x x x x x x x x x x x 7. (3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions. x x x x x x x x x x x x x x x x x x x 7. Restrictions.—From and after the publication of the notice mentioned in section 3, sub-section (2), such of the following restrictions as the Central Government may in its discretion declare therein shall attach with reference to such land, namely:- (a) Within an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,— (i) no variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer Commanding the District, and on such conditions, as he may prescribe; (ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated: Provided that, with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be exempted from the prohibition: Provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer; (iii) no surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorised in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer, and (iv) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approval of the General Officer Commanding the District, be made with materials different in kind from those employed in the original building, wall, bank or other construction. (b) Within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely:— (i) no building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, and no such building, wall bank or other construction shall be erected: Provided that, with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered: Provided also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the General Officer Commanding the District; and (ii) live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the [General Officer Commanding the District and on such conditions as he may prescribe. (c) Within a third boundary which may extend to a distance of five hundred yards from the crest of the outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely:— no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected : Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, a building or other construction on the surface may be maintained and open railings and dry brush-wood fences may be exempted from this prohibition. 8. Land to be marked out, measured, registered and planned.—As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction. As evident from the extracted provisions, once a declaration in terms of Sub-section (1) of Section 3 of the Act is notified, the restrictions imposed in terms of the declaration would come into effect at once. The fact that Ext.R2(g) is a declaration in terms of Sub-section (1) of Section 3 of the Act is not in dispute. In terms of Ext.R2(g) declaration, restrictions are imposed in the matter of construction of buildings on any land within 100 meters from the defence establishments mentioned in Annexure A to the said declaration. The Air Force Station, Shangumugham is a defence establishment mentioned in Ext.R2(g) declaration. The lodger unit of the Air Force Station, Shangumugham at Mukkunnimala is not one included in Ext.R2(g) declaration. As noted, the stand of the second respondent is that the said establishment being part of the Air Force Station, Shangumugham, the restrictions in Ext.R2(g) declaration would automatically apply to the lands around the said establishment also. 10. Sub-section (2) of Section 3 of the Act provides that in the declaration issued under sub-section (1) of Section 3, the Central Government shall state the place where a sketch plan of the land can be inspected. In other words, it is obligatory for the Central Government to prepare a sketch plan of the land in respect of which restrictions are imposed in terms of the declaration for the inspection of the public at the place mentioned in the declaration. Further, Section 8 of the Act makes it obligatory for the Collector to cause the lands covered by the declaration to be marked and measured and prepare a register and a detailed plan showing accurately every building, tree and other obstruction in such lands. The second respondent has not made available the sketch plan of the land in respect of which restrictions are imposed prior to Ext.R2(g) declaration nor did he make available the register maintained in respect of the same under Section 8 of the Act. In the circumstances, I am of the view that the restrictions on construction in terms of Ext.R2(g) declaration do not apply to the lands around the establishment of the Air Force at Mukkunnimala. 11. In the circumstances, I am of the view that the restrictions on construction in terms of Ext.R2(g) declaration do not apply to the lands around the establishment of the Air Force at Mukkunnimala. 11. Be that as it may, Section 7 of the Act only provides that from and after the notification of the declaration under Section 3 of the Act, the restrictions made mention of in the declaration would apply to the lands mentioned in the declaration. The lands around the lodger units of the Air Force Station, Shangumugham are not mentioned in Ext.R2(g) declaration, while a few installations of the Indian Air Force, other than Air Force Stations, are included in Ext.R2(g) declaration. The Act being one imposing restrictions on right to property protected under Article 300A of the Constitution, it is an expropriatory legislation. It is trite that expropriatory legislations shall be construed strictly, as a liberal interpretation of such legislations would affect the constitutional rights of citizens [See Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd., (2007) 8 SCC 705 , Hindustan Petroleum Corpn. Ltd. v. Darius Shapur Chenai, (2005) 7 SCC 627 and Sri Krishnapur Mutt, Udupi v. N. Vijayendra Shetty, (1992) 3 Kant LJ 326]. Black's Law Dictionary defines “strict interpretation” thus: “Strict construction of a statute is that which refuses to expand the law by implications or equitable considerations, but confines its operation to cases which are clearly within the letter of the statute, as well as within its spirit or reason, not so as to defeat the manifest purpose of the legislature, but so as to resolve all reasonable doubts against the applicability of the statute to the particular case.” In the light of the principles aforesaid, in the absence of any provision in Section 3 of the Act concerning the ancillary units of the works of defence such as lodger units in the case on hand, or of any site intended to be used or to be acquired for any such works included in the declaration, according to me, the restrictions imposed in terms of the Act would not apply to any lands other than lands specifically mentioned in the declaration. The writ petition, in the circumstances, is allowed. The writ petition, in the circumstances, is allowed. Ext.P9 communication of the Panchayat is quashed and the first respondent Panchayat is directed to consider the application of the petitioner for building permit referred to in Ext.P9 afresh, without insisting the No Objection Certificate of the second respondent. This shall be done within one month.