NOC from Local Military Authority (LMA) for Construction Near Defence Establishments
An NOC from the Local Military Authority (LMA) is the security view a Station Commander gives on a building proposed near a defence establishment such as a depot, station or base. It is one half of defence NOC in India; under Ministry of Defence guidelines the LMA speaks to your municipal or state authority, not to you.
The rules in this area are unsettled. Circulars have been issued, replaced, put in abeyance and read differently by different High Courts. This page lays out each source with its date, so you know what to ask before you buy land, draw plans or start work. Sources were last checked in October 2026.
Quick answers
| Question | Short answer |
|---|---|
| Who is the LMA? | The Station Commander of the military station concerned. The Ministry’s guidelines use ‘Station Commander’ and ‘LMA’ together. |
| Do I apply to the LMA directly? | Under the guidelines, no: objections, views and NOCs go only to municipal or state agencies, never directly to builders. Your plan-approval authority tells you whether consultation applies. |
| What distance triggers it? | There is no single answer. Circulars have used 100 m (500 m above four storeys), 10 m and 50 m, and individual notifications set their own limits. See the timeline below. |
| Law or guideline? | The Works of Defence Act, 1903 is a statute that works through notified declarations. The Ministry’s NOC guidelines are executive circulars, and courts differ on how far they bind landowners. |
| Can the issue come up late? | Yes. Stop-work notices and refused occupation certificates have been reported, so early written clarity matters. |
What is an LMA NOC and when does it come up?
An LMA NOC question arises when your plot is close enough to a defence establishment that the forces could see a security problem, for example a tall building with a direct line of sight into their activities. Establishments are identified through lists annexed to the circulars, and the area a station covers follows its operational jurisdiction, not municipal limits, as the Telangana High Court noted in 2025.
It usually reaches a developer in one of three ways:
- your municipal authority sends the plan to the Station Commander;
- the Station Commander flags a proposal to the municipality; or
- a stop-work notice or refused occupation certificate arrives later. In the INS Trata dispute in Mumbai, the issue reached the developer years after approvals began.
This is a different clearance from an airfield height clearance. If your site is near a military airfield, read our guide to the defence IAF height clearance NOC. For civil airports, see our airport NOC survey services in India and building height restrictions near airports.
Two legal tracks: the Act and the guidelines
| Works of Defence Act, 1903 | Ministry of Defence NOC guidelines | |
|---|---|---|
| Type | Central statute | Executive circulars to the Service Chiefs |
| How it applies | Only where the Government notifies a declaration for a defence work (Section 3) and states which restrictions apply | Station Commanders use them to give views on plans near establishments |
| Typical restrictions | Up to 2,000 yards (about 1,830 m): written approval of the General Officer Commanding the District for construction or ground-level changes. Up to 1,000 yards (about 914 m): no new permanent buildings. Up to 500 yards (about 457 m): no surface construction or excavation, with limited exceptions approved by the Commanding Officer. The notification decides which apply | Distances set in the circulars; see the timeline |
| Compensation | Yes, through a Collector’s award; a court adds 15% to the market-value decrease | None |
| Penalties | Section 36, replaced in 2026 | None in the circulars themselves |
| Court view | The Supreme Court (Goya Resorts, as described by the Telangana High Court) said declarations must be followed through or they can lapse | Divergent; see below |
The statute is on India Code: Works of Defence Act, 1903. Since 8 June 2026, Section 36 provides that contravening Section 7 restrictions is punishable with up to one month’s imprisonment or a fine of up to Rs 2,500, plus Rs 250 for each further day of a continuing offence.
Notifications for specific works carry their own limits. A 1976 notification under the Act near the Signal Transmitting Station at Juhu, Mumbai, set a 15.24 m height limit that the Bombay High Court applied in 2023, and the Telangana High Court noted notifications for Air Force Stations at Hakimpet and Dindigal.
What the Ministry’s guidelines say
The 18 May 2011 circular was meant as an interim measure while the Works of Defence Act was to be amended. Its core points, as placed before Parliament (Ministry of Defence circulars of 2011 and 2015 on the Lok Sabha record):
- Where municipal law requires consultation, the Station Commander may give views within four months, after approval from an authority not below Brigadier rank.
- Where it does not, a Station Commander who sees a security hazard within 100 m (500 m for buildings above four storeys) refers it up the chain, and only then may convey views to the municipality or state agency.
- Views and NOCs are given only by the Station Commander, only to municipal or state bodies, and never directly to builders or private parties.
- An NOC, once issued, is not withdrawn without the approval of Service Headquarters.
- The circular does not apply where construction is already regulated by laws such as the Cantonments Act, 2006, the Aircraft Act notifications or the Works of Defence Act.
Two 2015 amendments followed. Permissions issued by the municipal authority before 18 May 2011 need no LMA NOC, unless a later amendment changed the height. And under the ‘shadow and shield’ rule, if buildings of four storeys or more already stand within 500 m, the municipal or state authority decides after LMA comments, which are due within 30 days.
Timeline: why the distances you read online disagree
| Date | What happened | Source |
|---|---|---|
| 18 May 2011 | Interim NOC guidelines after the Sukna and Adarsh controversies: 100 m, or 500 m above four storeys | Lok Sabha record |
| 18 Mar 2015 | No LMA NOC for permissions issued before 18 May 2011, unless the height was later amended | Lok Sabha record |
| 17 Nov 2015 | Shadow-and-shield rule, with LMA comments due in 30 days | Lok Sabha record |
| 4 Apr 2016 | Defence Minister’s letter to Maharashtra’s Chief Minister: if the LMA gives no comments in 30 days, none is assumed; negative remarks are for the municipal authority to weigh | Quoted in the Bombay High Court judgment of May 2026 |
| 21 Oct 2016 | 10 m zone for 193 listed Army stations (Part A); for 149 stations in Jammu and Kashmir (Part B), no construction within 50 m and NOC for 50 to 100 m. A 2019 Lok Sabha reply said only Army establishments had been identified | Ministry reply reported by PIB and PTI |
| 23 Dec 2022 | Fresh guidelines superseding the earlier ones: 50 m for establishments in Annexure A; 100 m (500 m above four storeys) for others | Circular text as quoted by courts and mirrored on a state site |
| 23 Feb 2023 | The Ministry keeps the December 2022 guidelines in abeyance | Recorded in the Bombay High Court judgment of May 2026 |
| 21 Mar 2023 | In a Rajasthan High Court matter, the Union said Command HQs were told the 2011 guidelines (with 2015 amendments) would apply again | Rajasthan High Court, 17 Jul 2023 (as reported) |
| 22 Jan 2024 | Supreme Court order in Union of India v Dolby Builders. The Navy says it restored the 2011 circulars; developers say it decided only that case | Parties’ submissions in the 2026 Bombay case |
| 4 Jun 2025 | Telangana High Court: the 2016 guidelines amended the 2011 ones; circulars have no statutory force and bind authorities, and the Union should use the Act’s Section 3 process | Telangana High Court |
| 5 May 2026 | Bombay High Court (INS Trata, Worli): the December 2022 circular superseded the 2011 and 2015 ones and set 50 m for Annexure A establishments including INS Trata; abeyance did not revive earlier limits; occupation certificate ordered | Bombay High Court judgment of 5 May 2026 |
| 8 Jun 2026 | Section 36 of the Works of Defence Act replaced through the Jan Vishwas Act, 2026 | India Code |
The most recent Ministry instruction we could verify is the February 2023 abeyance circular. Check whether the 2026 Bombay ruling has been appealed, and whether the Ministry has issued anything newer.
What this means for your plot
- Courts disagree. The Bombay High Court (2026) treated the December 2022 circular as having replaced the earlier ones. The Rajasthan High Court (2023) applied the 2011 guidelines to a Jodhpur plot about 40 m from an establishment. The Telangana High Court (2025) said the 2016 guidelines amended the 2011 ones, and noted that the Jharkhand High Court took a different view and that divergent views were before the Supreme Court.
- State and city rules matter. Telangana’s 2012 building rules required a defence NOC, which a 2016 amendment removed, although permissions there still tell applicants to follow the defence authorities’ rules. Mumbai’s DCPR 2034 lists a defence NOC among special NOCs, and how that entry is triggered was argued in the INS Trata case.
- Timing and facts decide outcomes. The Bombay High Court in 2026 held late insistence on a naval NOC unjustified on its facts, and other cases have gone the other way. Do not assume either outcome for your project.
How to find out which rules apply to your plot
- Identify the establishment and every unit of it. In the INS Trata case a consultant measured 528.82 m from one site while the Navy said the nearest boundary of another site was about 280 m. Measure to the nearest boundary of each unit.
- Ask your planning authority in writing whether plan approval for your location involves the Station Commander, and which circular or building-rule clause it relies on.
- Check for a Works of Defence Act notification covering the station, since a notified station can carry its own limits.
- Get a ground-surveyed distance, not a web-map estimate, from your plot boundary to the establishment boundary, with WGS-84 coordinates.
- Record storeys, height and sanction dates. The pre-2011 exemption and the shadow-and-shield rule both depend on these, and shadow-and-shield also needs the positions and heights of existing buildings.
- Keep written confirmation from the planning authority before you commit to design and again before you start work.
- Take legal advice if your plot is close or the answers conflict.
What a survey adds, and what it cannot do
A licensed survey gives you measured facts: boundary-to-boundary distance, plot coordinates, site elevation, and the positions and heights of existing buildings nearby. We capture these with a DGPS survey or total station survey and prepare them in the format your authority asks for.
What we cannot do is issue an NOC, decide which circular applies, or guarantee an outcome or timeline. That decision rests with the defence authority and the planning authority. To find out what data to prepare before you approach them, talk to our survey team with your plot location.
Where this comes up in our location pages
Reported disputes include Mumbai (INS Trata and other naval sites), the Kamptee station near Nagpur, and Delhi, where a Division Bench of the Delhi High Court considered both the 2011 and 2016 guidelines in 2022. See our pages for Mumbai, Nagpur and Delhi NCR.
Frequently asked questions
What is an LMA NOC for construction?
It is the view or clearance of the Local Military Authority (usually the Station Commander) on a building proposed near a defence establishment such as a depot, station or base. Under Ministry of Defence guidelines it is generally conveyed to the municipal or state authority, not directly to the builder.
Do I apply to the Station Commander myself?
Not under the Ministry of Defence guidelines, which say objections, views and NOCs go only to municipal or state agencies. In practice, your building-plan authority tells you whether defence consultation applies in your city, and some state building rules have required applicants to submit defence NOCs. Ask the authority in writing.
Is an NOC mandatory for every building near a defence area?
No single rule covers every site. It depends on the establishment, the circular being applied, any Works of Defence Act notification for that station, and your city’s building rules. High Courts have taken different views, so confirm the position for your plot before design and again before construction.
What distance from a defence establishment triggers an NOC?
Circulars have used 100 m (500 m for buildings above four storeys) in 2011, 10 m for 193 listed Army stations in 2016, and 50 m for listed establishments in December 2022, which was later put in abeyance. Stations notified under the Works of Defence Act can have their own limits. Confirm the current figure for your site.
Does a building sanctioned before 18 May 2011 need an NOC?
Under the 2015 amendment, no LMA NOC is required for construction whose permission was issued by the municipal authority before 18 May 2011, but this does not cover later amendments that change the height. Redevelopment usually needs fresh permission, so check how your authority treats it.
Can an authority ask for a defence NOC at the Occupation Certificate stage?
It has happened. In May 2026 the Bombay High Court, on the facts of a project near INS Trata, held that insisting on a naval NOC at the final stage after years of sanctioned permissions was unjustified. Other cases differ, so get the planning authority’s position in writing early.
Is this the same as an IAF or AAI height clearance?
No. Height clearance near an airfield protects flight operations and is handled by the defence authority for that aerodrome, or by AAI for civil airports. An LMA NOC for construction near a defence establishment is about security and sight lines. Both can apply if a site is near an airfield and an establishment.
What are the penalties under the Works of Defence Act?
Where restrictions are notified under Section 7, contravening them is punishable under Section 36 with up to one month’s imprisonment or a fine of up to Rs 2,500, plus Rs 250 for each further day of a continuing offence, in the version in force from 8 June 2026. Compensation provisions also apply to affected landowners.