ORDER : MUNNURI LAXMAN, J. 1. The present writ petition has been filed challenging the order dated 20.09.2023 as well as the communication dated 07.03.2023 whereunder UIT, Sri Ganganagar made a request for grant of ‘No Objection Certificate’ to the petitioner’s proposed construction as the same is falling under the 500 mtrs. radius from the Defence Establishment. 2. The said request was rejected holding that such proposed construction is hazardus to the security of the cantonment area. Aggrieved by the same, the present writ petition has been filed. 3. The argument of learned counsel appearing for the petitioner is that the petitioner intended to establish a medical college. In order to raise the infrastructure, they made an application for grant of permission for the construction to the respondent No.3. The respondent No.3, on the basis of application for grant of permission for construction, has sought no objection of the respondent No.2. According to the petitioner, the proposed construction is outside the 100 mtrs. area from the boundary wall of the Local Military Establishment and it is falling within the 500 mtrs. from the radius of the Defence Establishment. It is also his contention that the proposed construction is restricted to the four floors and he also submits that the height of the four floors is not above 15 mtrs. from the surface of the land. 4. According to him, the requirement to obtain the NOC would arise only if any kind of construction is falling under 100 mtrs. of area from the Defence Establishment or in case the proposed construction is more than 4 multistorey building and it is within 500 mtrs. radius. However, according to him, the proposed construction of the building of the petitioner is 4 multistorey building only and that height of the building is confined to 15 mtrs. and such construction is in tune with the guidelines of Ministry of Defence vide guidelines dated 18.05.2011 as well as the circular of the State Government. 5. As per the circular issued by the State Government dated 03.09.2021 which restricts the height of the building 15 mtrs. within the radius of 500 mtrs. from the Defence Establishment. According to him, he fulfills both the conditions. As such, there is no requirement of NOC. 6. 5. As per the circular issued by the State Government dated 03.09.2021 which restricts the height of the building 15 mtrs. within the radius of 500 mtrs. from the Defence Establishment. According to him, he fulfills both the conditions. As such, there is no requirement of NOC. 6. The stand of learned counsel for the respondent is that NOC is required as per the guidelines issued by the Ministry of Defence dated 18.05.2011 and further it has to comply with the requirements of State Government circular as well as the decision taken by the Board of Officers of Station Headquarter of Sri Ganganagar whereunder a restriction of 15 mtrs. height was prescribed from the surface of the land. Even if the height of the building is not exceeding 15 mtrs. within the 500 mtrs. radius from the Defence Establishment, the requirement of NOC is must. 7. In the background of the above contentions of both the counsel, it is referred to the relevant part of the circular dated 18.05.2011 issued by the Ministry of Defence which reads hereunder: “(b) Where the local municipal laws do not so require, yet the Station Commander feels that any construction coming up within 100 meter (for multistorey 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 convinced, 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.” 8. It is also relevant to refer to the findings of Board of Officers of Station Headquarter of Sri Ganganagar dated 23.09.2022 which reads hereunder: “(b) Chief Town Planner, Government of Rajasthan letter No.4375-79 dated 25 May, 2016 (Annexure- IV) states that any construction near army cantonment area would be restricted to 12 mtr height within 100 m from Mil Stn and upto 15 mtr from 100 to 500 mtr from Army cantonment boundary.” 9. A close reading of the requirement of the circular dated 18.05.2011, is that if the proposed construction is falling within the radius of 100 mtrs. A close reading of the requirement of the circular dated 18.05.2011, is that if the proposed construction is falling within the radius of 100 mtrs. from the Defence Establishment and if the Station Commandant feels the proposed construction have any security hazardus, he has to refer the matter to the next higher authority. In case next higher authority is also convinced then Station Commandant can raise his objections to the local municipal authorities or State Government agency and such objections have to be considered by the local authorities which is competent to grant construction permission. 10. In case, the proposed construction is above 4 multistorey building within the radius of 500 mtrs. in such a situation NOC is required in the manner prescribed for construction of any activity within 100 mtrs. radius from the Defence Establishment. 11. Further, the decision of the Board of Officers of Defence Establishment and the circular of the State Government, it clearly shows that if the proposed construction is within the radius of 100 mtrs. from the Defence Establishment, the height of the building was confined to 12 mtrs. and in case, the proposed construction is falling under 500 mtrs. and proposed construction is upto 4 multistorey building then it is confined to 15 mtrs. from the surface of the land. 12. According to learned counsel for the petitioner, the proposed plan submitted by the petitioner to the UIT, Sri Ganganagar confined to the 4 multistorey building only and that 4 multistorey building is falling within radius of 500 mtrs. from the Defence Establishment and it is also his contention that the proposed construction is confined to 15 mtrs. from the surface of land. He also makes a clear statement that there is no intention on the part of the petitioner either to raise the construction over and above 4 multistorey building and also height of the building above 15 mtrs. from the surface of the building. He also makes a clear undertaking that in the event these two conditions are violated, the UIT is entitled to carry out the demolition activity. 13. By considering the statement made by the learned counsel appearing for the petitioner, this Court feels that the circulars and other proceedings would apply in a case where the proposed construction is above 4 multistorey building within the radius from 500 mtrs. 13. By considering the statement made by the learned counsel appearing for the petitioner, this Court feels that the circulars and other proceedings would apply in a case where the proposed construction is above 4 multistorey building within the radius from 500 mtrs. According to the learned counsel for the petitioner it is falling under 500 mtrs. radius. When it is falling within 500 mtrs. radius and if the proposed construction is not more than 4 multistorey building, the requirement of NOC is unwarranted. However, while granting the construction permission by the UIT, Sri Ganganagar it must specifically put a condition that height of the 4 multistorey building shall not exceed 15 mtrs. from the surface of the land. 14. We also leave it open to the respondent No.3 to take appropriate action in the event, if the petitioner is violating the condition of 15 mtrs. and the condition of 4 floor building as is required under the Defence Ministry circular. 15. With the above two conditions, the respondent No.3 is entitled to grant the permission without insisting for NOC from the Commandant of the Military Establishment. 16. It is also made clear that if any construction activity falling within the radius of 100 mtrs. from the Defence Establishment, it is always open to the respondent No.3 not to grant any permission without NOC from the Defence Establishment. 17. With the above directions the writ petition is disposed of.