High Court to MoD: Crack down on encroachment in Cantonments

LUCKNOW: In a significant judgment, the Allahabad high court has directed the secretary, ministry of defence, to instruct all the command heads of Indian military to map all defence lands and estates and ensure zero unauthorised occupancy or encroachment thereon.

The judgment may have far-reaching consequences as it could lead to prompt eviction of tens of thousands of civilians who have been occupying the military land in the absence of any clear-cut ruling on the real ownership of the land.

Justice Rakesh Sharma issued the directives in his judgment on a petition filed by Vishnu Narain Garg against the Government of India (GoI) over possession of a 62 bigha land in Sachendi village of Kanpur City district. The case pertained to the dispute over ownership of the land that was acquired to serve as Military Camping Ground (padaao) after the uprising of 1857 when the Britishers strengthened their army establishments particularly in cities which witnessed action during the First War of Independence.

Emphasising on the need of land for the military, the bench stated that the army was already short of land required for "military purposes" for its day to day affairs and operations including regular training. Highlighting the role of the Indian Army, the bench noted that it was essential that the military was provided with the required elements including land to maintain its training levels and guard our nation.

After having reasoned out the importance and necessity of the defence land, the court expressed concern over the encroachment of defence land by land mafia and land-grabbers around the defence estates in different districts of Uttar Pradesh and beyond. "It has been brought to the notice of the court that entertainment centres and commercial establishments run by private parties are being brought up uninterruptedly on army land," the judgment stated.

The court also observed that the military commanders heading the commands owe it to the nation to ensure that the land earmarked for military purposes does not go into unauthorised hands.
Read the full article
High Court to MoD: Crack down on encroachment in Cantonments