Telangana HC asks Centre to notify defence land zones by Dec

Time of India

a day ago

Hyderabad: The Telangana high court has directed the Union defence ministry to officially notify defence land zones in Hyderabad and Secunderabad by Dec 31, 2025, under the Works of Defence Act (WODA) of 1903.
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Only after such notification, the court said, can authorities enforce construction restrictions around military establishments—even if the structures have local municipal permissions.
Justice T Vinod Kumar, who delivered the verdict, emphasised that public interest must prevail over private interests, especially in light of recent security incidents such as the Pahalgam attack.
The judgment came while disposing of a batch of writ petitions filed by the Union of India, challenging the Telangana govt's 2016 amendment that removed the requirement for a no objection certificate (NOC) from defence authorities for construction near military zones.
The court held that defence authorities do have powers to regulate construction near sensitive zones, but these powers must be exercised in line with WODA—by issuing formal notifications and adhering to due process. Until such notifications are issued, the court ordered that status quo be maintained on all construction near defence areas, including those with valid municipal permits.
However, Justice Kumar adopted a stricter stance on unauthorised buildings—those constructed without any municipal approval—and directed GHMC and HMDA officials to initiate action under their respective laws.
The court recognised that many builders had obtained permissions in good faith under the 2016 ministry of defence guidelines, which replaced the 2011 norms and reduced security zones from 100/500 metres to 10/100 metres, depending on the type of defence establishment.
These guidelines classify establishments into part A (10-metre limit) and part B (100-metre limit). The judge affirmed that the 2016 norms, though issued as internal circulars, are the currently applicable standard, but emphasised that they do not have statutory force until notified under WODA.
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The Telangana govt defended its 2016 move, saying it allowed construction only after defence NOCs were obtained. It also argued that it is not obligated to enforce central defence rules unless officially notified. The court agreed, stating that the onus lies on the Centre to notify restricted areas before seeking compliance from state authorities or the public.
Deputy solicitor general Gadi Praveen Kumar informed the court that a request for notification under section 3 of WODA had already been sent to the defence ministry, which is expected to act soon.
The court also restrained builders from undertaking new construction in disputed areas until the ministry issues formal notifications, but protected post-2016 constructions with valid approvals from coercive action in the interim.