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2014 Supreme(MP) 262

MADHYA PRADESH HIGH COURT
S.C. Sharma, J.
Amar Singh Kwatra (Retd. Major) and another v. Union of India
Writ Petition No.2757 of 2012 (Indore); Decided on 5.5.2014.

Advocates:
Vivek Sharan, Assistant Solicitor General for Union of India.

Headnote:Cantonments Act, 2006 -- S.258 -- Cantonment Land Administration Rules, 1937 -- R.3.1 -- land in question comes within category of class A(1) defence land -- Army Authorities have absolute right to use the same.

       Held : In the present case, there is no such public road at all, though the petitioner is claiming it to be a ‘kacha’ road adjoining A(1) category defence land and the petitioners’ land. Even if it is assumed for a moment that it was some ‘kacha’ public road, the Army Authorities can certainly construct a wall over A(1) defence land as they are empowered under the Cantonment Land Administration Rules, 1937 to administer A(1) defence land as per their requirement keeping in view various other factors. PIL No.361 of 2012 (Andhra Pradesh High Court) relied on.

        Nkouh vf/kfu;e] 2006 & /kkjk 258 & Nkouh Hkwfe iz’kklu fu;e] 1937 & fu- 3-1 & iz’uxr Hkwfe oxZ v¼1½ j{kk Hkwfe ds laoxZ ds Hkhrj vkrh gS & lsuk izkf/kdkfj;ksa dks bldk mi;ksx djus dk vkR;afrd vf/kdkjA

       vfHkfu/kkZfjr % izLrqr ekeys esa ;g fcYdqy Hkh lkoZtfud lM+d ugha gS] ;|fi ;kph blds v¼1½ laoxZ dh j{kk Hkwfe rFkk ;kph dh Hkwfe dks tksM+us okyh dPph lM+d gksus dk nkok dj jgk gSA ;fn ,d {k.k ds fy, ;g eku Hkh fy;k tk, fd ;g dksbZ dPph lkoZtfud lM+d gS] lsuk izkf/kdkjh v¼1½ j{kk Hkwfe ds Åij fuf’pr :i ls nhokj dk fuekZ.k dj ldrs gSa D;ksafd vusd vU; dkjdksa dks n`f”Vxr j[krs gq, os v¼1½ j{kk Hkwfe dk izca/k viuh vko’;drk ds vuqlkj djus ds fy, Nkouh Hkwfe iz’kklu fu;e] 1937 ds v/khu l’kDr gSA yksd fgr eqdnek dz-361 lu~ 2012 ¼vka/kz izns’k mPp U;k;ky;½ voyafcrA


       

ORDER

1. The petitioners before this Court have filed this present writ petition being aggrieved by the alleged action of the Indian Army in closing / obstructing the alleged road which is adjoining to the defence land and the land belonging to the petitioners.

2. Contention of the petitioners is that they have purchased land vide registered sale-deeds dated 8.5.2007 and 14.2.2008 bearing Survey No.864 admeasuring 0.715 hectares and 0.143 hectares respectively in village Telikhedi, Mhow, District Indore. The adjoining land belongs to the Indian Army (Army Golf Club) situated in GLR Survey No. 168. It has been further stated that the Army Authorities in the year 1983 in order to utilise the land in question have entered into a lease agreement with the predecessor in title and a small culvert was also constructed to provide free access for the golfers on the land in question across river Gambhir. The lease deed was later on extended in the year 1998. In the month of April, 2008 the petitioners after purchasing the land served a notice to the respondents informing about the sale of the land and the Army Authorities (respondent No.5) vide letter dated 13.8.2008 also paid lease rent to the petitioners. Thereafter the petitioners made an effort for extension of the lease, however, the lease was not extended and on 16.3.2009 the petitioner No.1’s father requested the Army Authorities to vacate the land. Respondent No.5 informed the petitioners that they will be vacating the land by the end of 2009. Petitioners have further stated that the Army Authorities started threatening the petitioners by blocking the access of the petitioners as well as other family members to their land and the petitioners approached the Revenue Authorities to carry out a field survey regarding alternative route to Survey No.814. A Panchnama was prepared by the Revenue Authorities which is also on record dt. 29.11.2010 and the Army also vacated the land. On 2.12.2010 the respondent No.5 has informed the petitioners that the land has been vacated and they are constructing a boundary wall. Contention of the petitioners is that the Army Authorities while constructing a boundary wall are blocking the existing road which is impermissible in law keeping in view section 258 of the Cantonments Act, 2006. The petitioners thereafter served notices to the respondents requesting them to stop construction of the boundary wall and as the Army Authorities continued with the construction of the boundary wall, the present writ petition has been filed. It has also been stated in the present writ petition that certain land belonging to the State Government on the east river bank of river Gambhir has been encroached by the Army Authorities and as the existing road has been blocked the same is violative of section 258 of the Cantonments Act. It has also been stated that the petitioners do not have access to their land and therefore, the action of the Army Authorities deserves to be set aside. The petitioners have prayed for the following reliefs :

(i) Issue a writ, direction or order in the nature of certiorari or other appropriate writ, calling for the records of the petitioners’ case from the respondents.

(ii) Issue a writ, direction or order in the nature of mandamus or other appropriate writ restraining from obstructing/obliterating the public road which has been in existence from time immemorial and for greater clarity has been shown in the plan annexed hereinabove as Annexure P-15.

(iii) Issue a writ, direction or order in the nature of mandamus or other appropriate writ directing the respondents to restore to then original condition the above public road (as per Annexure P-15) as also the light and heavy motorable bridge damaged/destroyed by them which connected the said road on the east bank of the Gambhir River with the lands situate on the west bank in village Telikhedi, Tahsil Mhow.

(iv) Award the costs of the present petition to the petitioners and

(v) Grant such other relie

















































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