IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
Mani Enclave Residents Welfare Association – Appellants
Vs.
Union of India – Respondent
P.I.L. Nos. 62, 82 of 2014 & W.P. Nos. 5772, 5782, 11321 of 2014
Decided On : 26.9.2014
Cantonment Rules, 1937 - Rules 6 and 9 - Properties vest in Army - Specifies purpose – Petition cases arise out of decision taken by General Officer Commanding Andhra Sub Area to restrict movement of civilian vehicles on - Entrancement Road from S.P. Road/East to Allahabad gate - Wellington Road from club to gate - Petitioners are civilians who claim to commute on these roads to reach out to various places in the twin cities a detailed order was passed making earlier interim orders absolute and posted cases for further hearing - Aggrieved by orders writ Appeal was filed - Petitioners in PIL submitted that the roads which Army claims to be belonging to it and restrictions can be imposed on civilians are not roads belonging to Army they are State Government roads and Army has no authority or competency to impose restrictions on movement of civilians - Counsel submitted that as per provisions contained in Cantonment Rules properties in cantonment area are classified into various categories - Properties which are falling within category Al alone vests in Army and have exclusive right to use those properties - Held, Division Bench of this Court in held as matters when road is passing through defense area petitioners cannot claim to pass through defense area as a matter of right - Respondents are at liberty to withdraw permission granted and put embargo on free movement in defense area by petitioners or other residents of locality more particularly when other alternate routes are available Petitioners have no vested rights and respondents are within their right to withdraw permission - Defense taken in that case on imposing restrictions and use of roads in MCEME was that security was strengthened in light of the development on borders of Pakistan and after series of incidents that had taken place in various parts of country involving espionage activities undertaken by I.S.I agents of Pakistan - Right to use those roads are denied as allowing Buses would jeopardize security plea taken in this case is also similar to plea taken in said case - Petition dismissed (Paras 47 and 48)
1. All these cases arise out of decision taken by the General Officer-Commanding, Andhra Sub Area to restrict the movement of civilian vehicles on (1) Entrancement Road: from S.P. Road/East Marredpally to Allahabad gate; (2) Wellington Road: from Secunderabad club to Allahabad gate; (3) Ordinance Road: from Safilguda junction towards Safilguda railway crossing; (4) Gough Road: from Kendriya Vidyalaya crossing to East/West Marredpally; (5) Mornington Road: from Tirumulgiri Hanuman temple to Gough road of AOC centre; (6) Valerian Grammer School to Golf Course; (7) Trinity Church road; (8) Eagle Chowk to RSI to Lal Bazar road and (9) Ammuguda junction to Eagle Chowk within Secunderabad Cantonment area. Petitioners are civilians who claim to commute on these roads to reach out to various places in the twin cities of Hyderabad and Secunderabad. On 29.4.2014 a detailed order was passed making the earlier interim orders absolute and posted the cases for further hearing. Aggrieved by the orders dated 29.4.2014. Writ Appeal No. 945 of 2014 was filed. The Division Bench of this Court by order dated 17.6.2014 directed as under:
"11. We have seen the impugned order and it does not appear that the Hon'ble trial Judge was supplied with the classified confidential documents, which are placed before us, for consideration. Having looked into them, we have no doubt in our mind that these documents need serious consideration of His Lordship and there were not considered by His Lordship. We also note that His Lordship has no opportunity to deal with the relevancy of the Division Bench judgment of this Court in relation to the issue raised by the appellants before us.
12. Learned counsel for the writ petitioners say that the aforesaid decision is distinguishable. We feel until and unless it is held so by the Hon'ble trial Judge, we cannot examine this contention. According to us, this matter requires re-look, so also prima facie findings of the Hon'ble trial Judge and observations in relation to the issues. We are of the view that any exercise without consideration of the aforesaid classified confidential document and the judgment of the Hon'ble Division Bench, cannot be said to be a proper judicial one even at the interlocutory stage.
13. We, therefore, request the Hon'ble trial Judge to re-examine the matter taking note of above material and the judgment of Division Bench and to come to a fresh conclusion on the merits and demerits of the case on the next date of hearing, which was fixed on 23.6.2014 (only five days away)."
Hence, these writ petitions and Public Interest Litigations are heard and disposed of by this order.
Heard Sri D. Madhava Rao, Sri P. Rajasreepathi Rao, Sri Avinash Desai, Sri Prabhakar Peri and Sri Md. Mohinuddin learned counsel appearing for petitioners and Sri P. Vishnuvardhan Reddy, learned Assistant Solicitor General and Sri B. Sudhakar Reddy, learned standing counsel for Central Government appearing for Union of India, Sri Y.V. Ravi Prasad, learned senior counsel and Sri Deepak Bhattacharjee learned counsel appearing for Secunderabad Cantonment Board, Smt. A. Deepthi, learned standing counsel for Greater Hyderabad Municipal corporation, learned Government Pleader for Revenue and learned Government Pleader for Home.
2. Sri D. Madhava Rao, learned counsel appearing for the petitioners in PIL No. 62 of 2014 submitted that the roads which Army claims to be belonging to it and restrictions can be imposed on civilians are not the roads belonging to Army; they are the State Government roads and Army has no authority or competency to impose restrictions on the movement of civilians. Learned counsel submitted that as per the provisions contained in Cantonment Rules, 1937, the properties in cantonment area are classified into various categories. Properties which are falling within category Al alone vests in the Army and have exclusive right to use those properties. Category A1 specifies the purpose for which the properties vest in
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