Case Title: Bhanwar Lal Bhadiyar versus UOI & Anr
Case No.: S.B. Civil Writ Petition No. 3401/2023
Decided on: 17/07/2023
Coram: HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Facts of the case:
In the year 2021, the petitioner had purchased a plot no.5 Sec. ‘C’, measuring 251.66 sq.yards, situated at Revenue Village Digadi, Jodhpur, and upon an application being filed in respect of the said land, the Jodhpur Development Authority (JDA) issued a freehold patta on 21.06.2022, in favour of the petitioner. Thereafter, an application, alongwith requisite fee, seeking permission for raising construction was submitted by the petitioner, whereupon the site plan was approved by the JDA and construction permission was granted to the petitioner.
The Ministry of Defence, Government of India (MoD) had issued guidelines for issuance of No Objection Certificate (NOC) by the Local Military Authority (LMA) in the matter of raising constructions, nearby Defence Establishments/Installations located at 193 stations.
The security restrictions would apply upto 10 meters from the outer wall of such Defence Establishments to maintain a clear line of sight for effective surveillance. Thereafter, vide letter 23.12.2022, another guideline was issued by the MoD extending the limit of 10 meters to 50 meters.
A notice was served upon the petitioner by the respondent no.2 on 12.02.2023 instructing him against carrying out any construction work near Defence area, otherwise stipulated action (which would also include lodged of FIR) against him could be taken and demolition of construction as well. Thereafter the JDA sought mauka report from concerned officials and on 16.02.2023, the mauka report clearly stated that the petitioner was constructing on his own land and had construction permission.
The respondent no.2 sent a notice to JDA on 18.02.2023 requesting to restrain the petitioner from raising any construction over the land in question.
It was submitted that the policy of the year 2022 had been kept in abeyance vide MOD letter No. F11026/20/2011/D (Lands) dated 23.12.2022, and vide communication dated 21.03.2023 issued by the Director General LW&E/Land, IHQ of MOD, New Delhi, it was informed to All Command HQs that NOC guidelines dated 18.05.2011 would be reverted with amendments dated 18.03.2015 and 17.11.2015; the Defence establishment deals with the work of confidential and sensitive nature and the main task is to maintain secrecy in its existence, location, task and equipment, and if construction would be allowed, then the same could compromise various confidential data and details of the Defence.
Judgement:
The Court also observes that since the guidelines of the year 2011 are applicable in the present case and the construction in question is within 40 meters of the Defence Establishment, it would result in compromising the various confidential and secret data, information and details of the Defence, which cannot be permitted under any circumstances. Apart from what has been observed hereinabove, the State has a right to impose strategic restrictions in the matter of Defence Establishments, which have their own sanctity, as they cannot be breached only on the basis of other local laws, which are applicable in the urban areas.
The Court does not find it a fit case so as to grant any relief to the petitioner in the present petition. Consequently, the present petition is dismissed. All pending applications stand disposed of.
Analysis:
The State has a right to impose strategic restrictions in the matter of Defence Establishments, which have their own sanctity, as they cannot be breached only on the basis of other local laws, which are applicable in the urban areas.
The Defence Experts, having exhaustive knowledge of such issues, have the know-how, to prevent any diminishing security environment, and thus, even over and above the urban laws/local laws/municipal laws, the vicinity of Defence Establishments ought to be strictly governed by the parameters, time and again, revised by the Defence Experts.
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Written by: Mahima Saini
