"We have requested ASG Vikramjeet Banerjee and senior advocate Siddharth Dave to sit together along with Col. Saurabh to explore ways and means for ensuring the nation's security without overlooking the other important consideration of public health. We expect the parties to place before us the minutes of the meeting leading to positive amicable resolutions of the issues," the top court said in its January 8 order.

The court added that if the hospital project faces extra financial burden due to additional security measures, the Centre may step in to help.

During the hearing, senior advocate Siddharth Dave said the company had bought 8 bighas and 17 lechas of land in Jorhat town, within the Jorhat Municipal Board limits. He said the company applied for a no-objection certificate (NOC), which the development authority granted on March 4, 2022, but later cancelled following the Army’s objections.

Dave argued that authorities were objecting only to the hospital project, even though several other structures, including a marketplace, exist near the Army camp. “No one else was asked to build a 15-foot wall with separators. The area already has many buildings and is crowded,” he said, while showing photographs to the court.

After examining the records, the bench said it must balance the rights and interests of all parties involved.

Dave also referred to the Ministry of Defence guidelines issued on May 18, 2011, which required an NOC from the station commander for any construction within 100 metres of a defence installation, or within 500 metres for buildings taller than four storeys, due to security concerns. He added that the government later revised these rules on October 21, 2016, reducing the restricted distance to 10 metres from the outer boundary of a defence installation.

"I am constructing the hospital which is at least 70 metres away from the Army camp and, therefore, under the existing circular dated October 21, 2016, there was no necessity for the company to obtain any NOC from the Army authorities," he submitted, adding that suspending the construction of the hospital would deprive the public of that area from the facilities of a super-specialty hospital.

Banerjee contested these claims, saying that not just the hospital building but even its boundary wall stands within 10 metres of the defence installation. He argued that the company was therefore required to obtain an NOC from the Army and added that the authorities have relied on the 2011 notification.

On August 4, 2022, the Gauhati High Court allowed the company’s plea and held that under the October 21, 2016 notification, no NOC from the Army is needed for construction carried out beyond 10 metres from the outer wall of a defence establishment.

After directing verification of the relevant facts, the High Court asked the Jorhat Development Authority to issue a fresh order on the building permission granted to the company.

Challenging this decision, the Centre and the Army have now approached the Supreme Court.