Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Raj) 12518

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, Chandra Shekhar Sharma, JJ
SACHIN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
D.B. Civil Writ Petition No. 6768/2024|D.B. Civil Writ Petition No. 17504/2022|D.B. Writ Contempt Petition No. 1222/2023|D.B. Civil Writ Petition No. 17268/2023|D.B. Writ Contempt Petition No. 211/2025

Advocates:
For the Appellants/Petitioners: Moti Singh, Siddharth Mewara
For the Respondents: Bharat Vyas, Vaibhav Bhansali, Pramod Gour, Vikas Balia, Sachin Saraswat, Sulochana Bishnoi, Aayush Gehlot, Muktesh Maheshwari, Vinay Jain, Darshan Jain, Mudit Balia, Rajat Dave, D. S. Rajvi

Construction permissions in restricted zones near vital defence installations must strictly comply with Ministry of Defence notifications and require mandatory NOCs; any construction violating these guidelines is illegal and subject to demolition to ensure national security.

Headnote:(A) National Security - Construction in Restricted Zones - Construction near vital military and air force installations must strictly adhere to Ministry of Defence notifications; any violation warrants demolition to prevent security threats. (Para 13, 14)

(B) Administrative Law - Grant of Construction Permissions - Local authorities cannot grant permissions de hors the guidelines of the Central Government/Ministry of Defence; failure to obtain mandatory No Objection Certificates (NOCs) renders construction illegal. (Para 15, 16, 20)

Issues: Whether constructions raised in the restricted zones of Indian Air Force and Indian Army installations in Jodhpur violated Ministry of Defence notifications and if they should be demolished.

Table of Content
1. petitioners challenge illegal constructions in restricted defence zones posing national security threats. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. union of india and local authorities agree on the need for surveys and removal of illegal constructions. (Para 8 , 9 , 10 , 11)
3. primacy of national security over construction permissions in sensitive military zones. (Para 12 , 13)
4. mandatory compliance with mod notifications and noc requirements for constructions in restricted areas. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
5. disposal of writ petitions and connected contempt petitions based on the court's directives. (Para 21 , 22)

Order

D.B. Civil Writ Petition No. 6768/2024 :

D.B. Civil Writ Petition No. 17504/2022 :

D.B. Civil Writ Petition No. 17268/2023 :

1. Heard learned counsel for the parties.

2. The present batch of writ petitions involved a similar question of law and fact, therefore, they are being decided by this common order.

3. Since the facts are identical in all these writ petitions, therefore, the fact of D.B. Civil Writ Petition No. 6768/2024 (Rohit Nayak vs. Union of India) are taken into consideration.

4. The present public interest litigation has been filed by the petitioners seeking the following reliefs :-

“It is therefore, humbly prayed on behalf of petitioner that this writ petition for Public Interest Litigation may kindly be allowed and by an appropriate, writ, order or directions may kindly be issued against the respondents in following manners.

a) That by an appropriate writ, direction or order may kindly be issued and the order dated 10.07.2023 (Annexure-38) issued by Jodhpur Development Authority, Jodhpur as well as the order dated 19.10.2023 (Annexure-40) issued by Joint Secretary, Urban Development Department, Government of Rajasthan may kindly be quashed and set aside.

b) That by an appropriate writ direction or order may kindly be issued and the NOC (Annexure-34) dated 22.06.2022 issued by Wing Commander, Command ATC Officer, Gandhi Nagar, Gujarat may kindly be quashed and set aside.

c) That by an appropriate writ direction or order may kindly be issued and the single patta dated 09.05.2011 (Annexure-17) and the order dated 13.04.2016 (Annexure-18) issued by Jodhpur Development Authority, Jodhpur may kindly be quashed and set aside.

d) That by an appropriate writ direction or order may kindly be issued and the application (Annexure-19) for change the land use submitted by the respondent-Adeshwar Infra Corporation may kindly be rejected.

e) That by an appropriate writ direction or order that the respondent may kindly be directed and the land mentioned in the survey report of 14.04.1996 (Annexure-4) the land of the Pabupura Abadi measuring 117 (Abadi), 16.10 (School), 9.16 (Arya Samaj), 8 (Funeral Ground), 38 (public roads), 227.09 (open space) may kindly be earmarked and demarcated with stone boundaries, further any kind of land use against the order dated 20.03.2003 may kindly be restricted.

f) That the land in question (Khasra No.632/3, 632/7 and 632/11) including Sub Division Number of original Khasra may kindly be declared no construction zone according to the provision of Works of Defence Act 1903 and the any kind of construction without prior approval of the Air Force Authority and Military Training Centre may kindly be declared illegal, arbitrary, unconstitutional and against the National Security.

g) That the respondent may kindly be directed to conduct the detail survey of the construction raised upon the Khasra No. 632/3, 632/7 and 632/11 with the team of Air Force Station and all kind of such constructions including any other structure of building may kindly be remove or demolish in the interest of national security.

h) That any other relief, which this Hon'ble Court deems fit, by which the petitioners may get full justice may also be allowed.”

5. The relief prayed for in the present writ petitions raised a concern about the matter of national securi

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