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2024 Supreme(Kar) 561
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
H.P. Sandesh, J.
Satish Thombare S/O Prabhakar Thombare And Ors. – Petitioners
Versus
The Administrative Commandant, Station Heaquarters And Ors. – Respondents
Writ Petition No. 104128 of 2024 (GM-RES) C/W Writ Petition No. 103397 OF 2024 (GM-RES)
Decided On : 14-10-2024
Advocate Appeared:
For the Petitioner:Y Sri. Shivaraj P. Mudhol, Advocate, Sri. Shivaraj P. Mudhol, Advocate
For the Respondent: Sri. Aravind Kamath, Addl. Solicitor General A/W Sri. Sanjay S. Katageri, Adv., Smt. Apoorva Sonnannavar, Adv., Sri. K.S. Patil, Adv., Sri. Praveen K. Uppar, Aga, Sri. Aravind D. Kulkarni, Adv.
IMPORTANT POINT
The military authorities have exclusive control over Class A1 land, and the closure of access does not violate the fundamental right to freedom of movement under Article 19(1)(d) of the Constitution.
Headnote:
(A) Constitution of India - Article 19(1)(d) - Right to freedom of movement - Petitioners sought access to a military gate closed by authorities, claiming it as a public road used for over 35 years - Court held that the land is classified as Class A1 reserved for military purposes, and the closure does not violate fundamental rights. (Paras 8, 19, 27, 36)
(B) Cantonment Act, 2006 - Section 258 - Procedure for closing and opening of streets - Court noted that no public notice was issued before the closure, but the military authorities have exclusive control over Class A1 land. (Paras 8, 19, 27)
(C) Writ Jurisdiction - The court emphasized that the military authorities have the discretion to manage access to Class A1 land, and the petitioners cannot claim special rights due to their status as ex-servicemen. (Paras 27, 36)
Facts of the case:
The petitioners, residents of Sainik Nagar, claimed that a military gate restricting access to a public road has caused significant inconvenience, as they have used this road for decades. They sought a writ of mandamus to open the gate.
Findings of Court:
The court found that the land is classified as Class A1, reserved for military purposes, and the closure was justified for security reasons.
Issues: The main issues included whether the land is Class A1, the military's right to control access, and the legality of the closure.
Ratio Decidendi: The court ruled that the military authorities have the exclusive right to manage Class A1 land, and the closure of the gate does not infringe upon the petitioners' fundamental rights.
Result: Writ petitions dismissed.
ORDER :
H.P.SANDESH
1. Heard Sri.Shivaraj P Mudhol, learned counsel for the petitioners, Sri.Aravind Kamath, learned Additional Solicitor General and Sri.Sanjay S Katageri, learned counsel for respondents No.1, 2, 4 and 6 and Sri.Praveen K Uppar, learned AGA for respondent No.5 and Sri.Aravind D Kulkarni, learned counsel for respondent No.7 and Sri.K.S.Patil, learned counsel appearing for respondents No.3.
2. Writ petition No.104128/2024 is filed praying this Court to issue writ in the nature of mandamus directing the respondent Authorities to open the military gate located at Sainik Nagar and allow the petitioners and their family to access the public road by allowing this writ petition and to issue writ in the nature of mandamus directing the respondents to permit the petitioners and their family members to use, access the road through Gate situated on the compound wall of the respondents from Morning 5 O clock to Evening 8 O clock by considering the representations dated 22.05.2024 vide Annexure-C and representations dated 18.01.2024, 21.06.2024, 14.02.2024 vide Annexures-G, G1, G2, G3 by allowing the petition.
3. Writ petition No.103397/2024 is filed praying this Court to issue writ in the nature of mandamus directing the respondent Authorities to open the military gate located at Sainik Nagar and allow the petitioners and their family to access the public road by allowing this writ petition and to issue writ in the nature of mandamus directing the respondents to permit the petitioners and their family members to use, access the road through Gate situated on the compound wall of the respondents from Morning 5 O clock to Evening 8 O clock by considering the representations dated 22.05.2024 vide Annexure-C and representations dated 18.01.2024, 21.06.2024, 14.02.2024, vide Annexures-G, G1, G2, G3 by allowing the petition and also sought additional prayer in view of the amendment for writ of mandamus.
4. The relief sought for and the grounds which have been urged in both the petitions are similar and hence, both the petitions are taken up for consideration together.
5. In Writ Petition No.104128/2024 there are 161 petitioners and in Writ Petition No.103397/2024 there are 32 petitioners. All the petitioners claim that they are the members of Sainikar Abhivruddhi Sangh and the residents of LaxmiTek (Sainik Nagar) area wherein serving soldiers, around 1300 Ex-Service Men (herein after referred to as ESM) and their dependents/widows/veer naris who reside in the aforementioned area (Ward No. 43) and they also referred the document at Annexure-A, the copy of the nominal roll of serving/retired ESM of LaxmiTek (Sainik Nagar), Belagavi. It is also contended that this area comes under the purview of the Belagavi City Corporation and there exists a military area adjoining to it. That the military area gate towards LaxmiTek area has been closed from 14.11.2023 by the Station Headquarters, Belagavi and the said road is a public road. The petitioners have also relied upon the copy of the photographs of the gate being closed as Annexure-B, B1, B2 and also copy of the hand sketch is produced as Annexure-B3. It is also their contention that this road has been frequented and used by the petitioners for over 35 years and the road has been in public use since the time of British Rule. All of sudden, the respondents Authorities have closed the gate and have not permitted these petitioners and their family members to use the public road and its spontaneous closure has caused many problems to the petitioner residents.
6. It is also contended that the said road is used to access the following by the petitioners, all of which happen to be within walk-able distance from the area (Approximately 1km) i.e. Station CSD Canteen, Military Hospital/ECHS Facilities, Educational Institutes such as Kendriya Vidyalaya No.2, Army Public School, St. Paul, St. Joseph and such other Government Schools and Colleges, in which around 200 students residing in the area. That th
