At the corps of land scandals: The nation's biggest landlord the army is being exploited by unscrupulous officers to make money on the sly
By Gautam Datt UPDATED: 00:22 GMT, 7 February 2012
The defenders of our country and its borders are fighting a secret enemy – which has threatened their dignity and integrity – greed. And at the centre of greed is the humongous amount of land that has been given to the Indian Army by the government for the purpose of establishing its cantonments, offices, residential property, etc.
In fact, the ministry of defence is the biggest landholder in the government with a holding of 17.31 lakh acres of land across the country.
However, in the recent years this land – thousands of acres of which has been notified as 'excess' by a CAG audit – has been utilised by some senior officers as an opportunity for corruption. And they didn't have to try hard for finding a partner and the ways to use this 'encroached' or excess land. Various land sharks always on the lookout for an opportunity to grab the defence land eagerly join hands with these unscrupulous officers to make a quick buck.
TAINT ON UNIFORM: MAJOR SCAMS THAT SHAMED ARMY
Read more: Click here for CAG report and List of Scams
Showing posts with label DEO. Show all posts
Showing posts with label DEO. Show all posts
Tuesday, March 27, 2012
Tuesday, March 6, 2012
Five steps: How to steal Army land
Sandeep Unnithan
What with defense land scams getting rampant, it seems it is too easy to cheat the Army these days.
In just three years, 1,073 acres of defence land-equal to 412 football fields-has been swallowed up through encroachments by builders and private developers. The Government admitted this blandly in the Lok Sabha in March 2011, noting that encroachments in military areas have increased from 3,510.16 acres to 4,583.588 acres. The Directorate General of Defence Estates (DGDE) reported these encroachments on the 66,000 acres of land it held directly. DGDE is the department in the Ministry of Defence which is responsible for audit, accounting and financial management.
Over 17 lakh acres of defence land worth Rs.20 lakh crore is vulnerable to encroachment. Of this, nearly 11,000 acres have been stolen, and no one cares. Records for land worth thousands of crores of rupees are maintained in tattered paper registers instead of secure electronic databases. The land is not demarcated. Worse, a corrupt nexus of army brass, defence estates officials and builders continue to bite large chunks out of this land bank.
The DGDE has 1,251 officials to administer defence land, but no one has been held accountable for failing to protect it. The defence ministry is yet to table its proposed Defence Land Management Bill in Parliament. If there was a scamster’s manual for looting defence land, it would read something like this:
1. IDENTIFY PLIABLE DEFENCE AND ARMY OFFICIALS
Nexus between the officials has been found in most land scams that have been unearthed.
On January 31, the CBI raided the Pune home of former army vice chief Lt-General (Retd) Nobel Thamburaj for his alleged involvement in a land scam. An army press release said that Lt-General Thamburaj had arrived at an outof-court settlement with a builder that resulted in the government losing 0.96 acres of prime defence land worth Rs.45 crore in the Pune cantonment area.
In most military land scams unearthed over the past few years, defence estates officials have been found to be hand-in-glove with army officials and private developers. The reasons are not far to see. The DGDE is represented by defence estates officers in military stations. These officials are custodians of defence land. The army uses the land. A General Officer Commanding of a military area heads the local administration in all of the 62 cantonment boards across the country. The board issues sanctions for construction of buildings within the cantonment area.
2. TARGET LAND NOT IN MILITARY RECORDS
Land sharks take advantage of loopholes in land documentation.
Roughly 25 per cent of all defence land has not been ‘mutated’ or not transferred to the land records of the defence estates department.
Bureaucratic lethargy is to blame for this. When the land-holding is ambiguous, it becomes ripe for exploitation by land sharks. In the Adarsh scam for instance, the housing society that was formed by retired military officials and defence estates officials homed in on a football fieldsized plot of prime land in Colaba, South Mumbai. The land was held by the army but owned by the state government. No records were available. The combination of defence estates and armed forces officials moved in to build a commercial residential tower.
3. SURREPTITIOUSLY ENCROACH DEFENCE LAND
Builders encircle defence land after buying private plots around it.
Unused defence land is sometimes not even fenced. At times, corrupt land sharks are known to buy private land around vacant defence land and then gradually encircle it. This happened in the case of the Srinagar air force land scam uncovered in 2009.
Nearly 200 acres of prime defence land worth over Rs.1,500 crore was quietly sold over the years. The defence estates officials issued no-objection certificates to show that the land never belonged to the defence ministry despite having bought it in 1966.
Camping grounds, another colonial relic located on the outskirts of military areas, are also considered fair game. The DGDE is meant to conduct land audits to assess the state of its land bank. The last major audit was carried out in 2000. Each year the department presents shrinking estimates of its landholding. The encroachments are termed ‘a complex socio-economic problem’. Surveys of disputed land holdings, ordered to buy time, are carried out with the state government and can take over five years.
Responsibility for the protection of the land is diffused and the landholding opaque. Guilty officials are punished only if a hue and cry is raised in public. The CBI is now investigating three defence land scams- Adarsh, Kandivli and at Lohegaon, Pune. In the Lohegaon land scam unearthed in 2011, three scamsters prepared fake documents claiming ownership of about 69 acres of defence land worth Rs.800 crore.
4. TARGET OLD GRANT BUNGALOWS
Buyers propose tearing down old houses and constructing a new residential building on it. Old grant bungalows are Britishera dwellings on prime government land. These bungalows dot most military stations and cantonments. They are now valuable for their land which is owned by the government. The modus operandi is for the builder to approach the original tenants and buy them out.
The bungalows are ‘dehired’- the process by which the government stops collecting lease. The builder then approaches the cantonment board with a proposal for demolishing the ‘dilapidated’ building and constructing a new residential building on it. An audit done by the Comptroller and Auditor General in 2011 mentions 16 such bungalows in military areas of Lucknow, Almora, Kanpur, Ranikhet and Bareilly as being illegally sold for Rs.150 crore. Several other such cases are under the scanner of audit authorities. In the Meerut cantonment, schools, colleges and residential properties have been built on old grant bungalows. A CAG report of 2010 mentions how the Residency Club was built on an old grant bungalow in the Pune cantonment.
5. CHALLENGE THE TITLE OF DEFENCE LAND IN COURT
Court proceedings can drag on for decades because ofweak legal defence.
Among the weakest links in the DGDE is its inability to protect encroached defence land in court. There are an estimated 13,000 pending cases relating to defence land in various courts. The way these cases are handled causes concern. The Government does not file its replies in time and court proceedings drag on for decades. A report prepared by the Controller General of Defence Accounts (CGDA) suggests that the defence estates department get a separate legal department to fight their cases. This suggestion has gone unheeded.
“Defence estates officials pose as victims of the situation. It suits corrupt officials to have a weak legal defence put up by the Government so that they lose in court,” says a defence ministry official. CGDA officials say land worth “thousands of crores” is locked in legal disputes all over the country. A case in point is a six-acre plot of defence land in Secunderabad on which the defence accounts department built houses. A private firm won a favourable verdict from the high court in 2002. The case continues in the Supreme Court after the defence ministry appealed against this verdict.
The options for the ministry are grim in this case. They have to either demolish all the buildings, hand the land back to the private society or cough up an estimated Rs.100 crore, the market value of the land.
Five steps: How to steal Army land
The defenders of our country and its borders are fighting a secret enemy, which has threatened their dignity and integrity - greed. And at the centre of greed is the humongous amount of land that has been given to the Indian Army by the government for the purpose of establishing its cantonments, offices, residential property, etc. In fact, the Ministry of Defence is the biggest landholder in the government with a holding of 17.31 lakh acres of land across the country.
Read more at:
Land Sharks and Senior Officers in the Land Grab Mode
What with defense land scams getting rampant, it seems it is too easy to cheat the Army these days.
In just three years, 1,073 acres of defence land-equal to 412 football fields-has been swallowed up through encroachments by builders and private developers. The Government admitted this blandly in the Lok Sabha in March 2011, noting that encroachments in military areas have increased from 3,510.16 acres to 4,583.588 acres. The Directorate General of Defence Estates (DGDE) reported these encroachments on the 66,000 acres of land it held directly. DGDE is the department in the Ministry of Defence which is responsible for audit, accounting and financial management.
Over 17 lakh acres of defence land worth Rs.20 lakh crore is vulnerable to encroachment. Of this, nearly 11,000 acres have been stolen, and no one cares. Records for land worth thousands of crores of rupees are maintained in tattered paper registers instead of secure electronic databases. The land is not demarcated. Worse, a corrupt nexus of army brass, defence estates officials and builders continue to bite large chunks out of this land bank.
The DGDE has 1,251 officials to administer defence land, but no one has been held accountable for failing to protect it. The defence ministry is yet to table its proposed Defence Land Management Bill in Parliament. If there was a scamster’s manual for looting defence land, it would read something like this:
1. IDENTIFY PLIABLE DEFENCE AND ARMY OFFICIALS
Nexus between the officials has been found in most land scams that have been unearthed.
On January 31, the CBI raided the Pune home of former army vice chief Lt-General (Retd) Nobel Thamburaj for his alleged involvement in a land scam. An army press release said that Lt-General Thamburaj had arrived at an outof-court settlement with a builder that resulted in the government losing 0.96 acres of prime defence land worth Rs.45 crore in the Pune cantonment area.
In most military land scams unearthed over the past few years, defence estates officials have been found to be hand-in-glove with army officials and private developers. The reasons are not far to see. The DGDE is represented by defence estates officers in military stations. These officials are custodians of defence land. The army uses the land. A General Officer Commanding of a military area heads the local administration in all of the 62 cantonment boards across the country. The board issues sanctions for construction of buildings within the cantonment area.
2. TARGET LAND NOT IN MILITARY RECORDS
Land sharks take advantage of loopholes in land documentation.
Roughly 25 per cent of all defence land has not been ‘mutated’ or not transferred to the land records of the defence estates department.
Bureaucratic lethargy is to blame for this. When the land-holding is ambiguous, it becomes ripe for exploitation by land sharks. In the Adarsh scam for instance, the housing society that was formed by retired military officials and defence estates officials homed in on a football fieldsized plot of prime land in Colaba, South Mumbai. The land was held by the army but owned by the state government. No records were available. The combination of defence estates and armed forces officials moved in to build a commercial residential tower.
3. SURREPTITIOUSLY ENCROACH DEFENCE LAND
Builders encircle defence land after buying private plots around it.
Unused defence land is sometimes not even fenced. At times, corrupt land sharks are known to buy private land around vacant defence land and then gradually encircle it. This happened in the case of the Srinagar air force land scam uncovered in 2009.
Nearly 200 acres of prime defence land worth over Rs.1,500 crore was quietly sold over the years. The defence estates officials issued no-objection certificates to show that the land never belonged to the defence ministry despite having bought it in 1966.
Camping grounds, another colonial relic located on the outskirts of military areas, are also considered fair game. The DGDE is meant to conduct land audits to assess the state of its land bank. The last major audit was carried out in 2000. Each year the department presents shrinking estimates of its landholding. The encroachments are termed ‘a complex socio-economic problem’. Surveys of disputed land holdings, ordered to buy time, are carried out with the state government and can take over five years.
Responsibility for the protection of the land is diffused and the landholding opaque. Guilty officials are punished only if a hue and cry is raised in public. The CBI is now investigating three defence land scams- Adarsh, Kandivli and at Lohegaon, Pune. In the Lohegaon land scam unearthed in 2011, three scamsters prepared fake documents claiming ownership of about 69 acres of defence land worth Rs.800 crore.
4. TARGET OLD GRANT BUNGALOWS
Buyers propose tearing down old houses and constructing a new residential building on it. Old grant bungalows are Britishera dwellings on prime government land. These bungalows dot most military stations and cantonments. They are now valuable for their land which is owned by the government. The modus operandi is for the builder to approach the original tenants and buy them out.
The bungalows are ‘dehired’- the process by which the government stops collecting lease. The builder then approaches the cantonment board with a proposal for demolishing the ‘dilapidated’ building and constructing a new residential building on it. An audit done by the Comptroller and Auditor General in 2011 mentions 16 such bungalows in military areas of Lucknow, Almora, Kanpur, Ranikhet and Bareilly as being illegally sold for Rs.150 crore. Several other such cases are under the scanner of audit authorities. In the Meerut cantonment, schools, colleges and residential properties have been built on old grant bungalows. A CAG report of 2010 mentions how the Residency Club was built on an old grant bungalow in the Pune cantonment.
5. CHALLENGE THE TITLE OF DEFENCE LAND IN COURT
Court proceedings can drag on for decades because ofweak legal defence.
Among the weakest links in the DGDE is its inability to protect encroached defence land in court. There are an estimated 13,000 pending cases relating to defence land in various courts. The way these cases are handled causes concern. The Government does not file its replies in time and court proceedings drag on for decades. A report prepared by the Controller General of Defence Accounts (CGDA) suggests that the defence estates department get a separate legal department to fight their cases. This suggestion has gone unheeded.
“Defence estates officials pose as victims of the situation. It suits corrupt officials to have a weak legal defence put up by the Government so that they lose in court,” says a defence ministry official. CGDA officials say land worth “thousands of crores” is locked in legal disputes all over the country. A case in point is a six-acre plot of defence land in Secunderabad on which the defence accounts department built houses. A private firm won a favourable verdict from the high court in 2002. The case continues in the Supreme Court after the defence ministry appealed against this verdict.
The options for the ministry are grim in this case. They have to either demolish all the buildings, hand the land back to the private society or cough up an estimated Rs.100 crore, the market value of the land.
Five steps: How to steal Army land
The defenders of our country and its borders are fighting a secret enemy, which has threatened their dignity and integrity - greed. And at the centre of greed is the humongous amount of land that has been given to the Indian Army by the government for the purpose of establishing its cantonments, offices, residential property, etc. In fact, the Ministry of Defence is the biggest landholder in the government with a holding of 17.31 lakh acres of land across the country.
Read more at:
Land Sharks and Senior Officers in the Land Grab Mode
Wednesday, November 23, 2011
Encroachments and Security of Cantonment Lands
Inquiry into NOC on IAF Land in Srinagar
On receipt of complaint a preliminary enquiry was conducted into the matter related to issuing of No Objection Certificate (NOC) on Air Force’s land in Srinagar. It was found that prima-facie there have been irregularities in the issue ofNOCs which may have wider implications. In order to get the matter thoroughly investigated and fix responsibility the Government have entrusted the enquiry to CBI.
This information was given by Defence Minister Shri AK Antony in written reply to ShrimatiHemaMalini in Rajya Sabha today.
PK /NN (Release ID :77400)
Inquiry into NOC on IAF Land in Srinagar
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
As per Governor General Order No.179 dated 12thSeptember, 1836, whenever a value of house, buildings or property exceeds Rs.5000/-, the sale can be effected only with the prior sanction of the Government.
Representations have been received and matter of raising the limit Rs.5000/¬- is under consideration.
This information was given by Defence Minister Shri AK Antony in written reply to Shri AvinashRaiKhanna in Rajya Sabha today. PK /NN
(Release ID :77407)
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
On receipt of complaint a preliminary enquiry was conducted into the matter related to issuing of No Objection Certificate (NOC) on Air Force’s land in Srinagar. It was found that prima-facie there have been irregularities in the issue ofNOCs which may have wider implications. In order to get the matter thoroughly investigated and fix responsibility the Government have entrusted the enquiry to CBI.
This information was given by Defence Minister Shri AK Antony in written reply to ShrimatiHemaMalini in Rajya Sabha today.
PK /NN (Release ID :77400)
Inquiry into NOC on IAF Land in Srinagar
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
As per Governor General Order No.179 dated 12thSeptember, 1836, whenever a value of house, buildings or property exceeds Rs.5000/-, the sale can be effected only with the prior sanction of the Government.
Representations have been received and matter of raising the limit Rs.5000/¬- is under consideration.
This information was given by Defence Minister Shri AK Antony in written reply to Shri AvinashRaiKhanna in Rajya Sabha today. PK /NN
(Release ID :77407)
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
Sunday, November 6, 2011
Prez retirement home: Ex-servicemen protest
Prez retirement home: Ex-servicemen protest
By: Vivek Sabnis Date: 2011-09-06 Place: Pune
Retired defence personnel stage agitation outside collector's office against decision to allot land reserved for jawans to Pratibha Patil
Demonstrating displeasure over the lower court's verdict to allot land in Khadki to President Prathiba Patil, former defence officials staged a protest outside the District Collectors office yesterday. The land that ex-servicemen claim is reserved for retired army jawans is the proposed plot for the President's retirement home.
Up in arms: Retd Col Suresh Patil (wearing goggles) and others protest under the banner of Green Thumb Environmental Protection Group before the District Collector's office yesterday. The protesters beat up an effigy of 'corrupt army officers'. Pic/Krunal Gosavi
Col Suresh Patil (Retd), who led the demonstration under the banner of Green Thumb Environmental Protection Group, said, "We are filing a PIL against the court's decision. When the President has residential properties in Jalgaon and Amravati, why should this land be allotted to her?"
Patil and 30 ex-servicemen have submitted a memorandum to the Resident District Collector, Anil Patil's office. They demanded the copy of the letter be sent to the President, the Union Defence Minister and the Home Minister. Earlier, the group of retired army officials had staged an agitation outside the Collector's office by throwing chappals at a symbolic effigy with names of corrupt defence officials.
Among the retired protesters were Col Gulabrao Jadhav, Major Ashok Sartape, Col Anand Vishal Gadge and Jahangir Mulla. Also, the Green Thumb Environment Group has demanded that the Jan Lokpal bill include the President. The members said that except for divulging operational details, it should include the army as well.
Prez retirement home: Ex-servicemen protest
By: Vivek Sabnis Date: 2011-09-06 Place: Pune
Retired defence personnel stage agitation outside collector's office against decision to allot land reserved for jawans to Pratibha Patil
Demonstrating displeasure over the lower court's verdict to allot land in Khadki to President Prathiba Patil, former defence officials staged a protest outside the District Collectors office yesterday. The land that ex-servicemen claim is reserved for retired army jawans is the proposed plot for the President's retirement home.
Col Suresh Patil (Retd), who led the demonstration under the banner of Green Thumb Environmental Protection Group, said, "We are filing a PIL against the court's decision. When the President has residential properties in Jalgaon and Amravati, why should this land be allotted to her?"
Patil and 30 ex-servicemen have submitted a memorandum to the Resident District Collector, Anil Patil's office. They demanded the copy of the letter be sent to the President, the Union Defence Minister and the Home Minister. Earlier, the group of retired army officials had staged an agitation outside the Collector's office by throwing chappals at a symbolic effigy with names of corrupt defence officials.
Among the retired protesters were Col Gulabrao Jadhav, Major Ashok Sartape, Col Anand Vishal Gadge and Jahangir Mulla. Also, the Green Thumb Environment Group has demanded that the Jan Lokpal bill include the President. The members said that except for divulging operational details, it should include the army as well.
Prez retirement home: Ex-servicemen protest
Wednesday, May 4, 2011
MoD Initiates Slew of Steps to Audit Defence land
MoD Initiates Slew of Steps to Audit Defence land
The Ministry of Defence has initiated several steps to audit the vast land holdings held by the 62 Cantonments and the Defence Estates. Announcing the measures at the first Performance Appraisal Conference of the Chief Executive Officers of the Cantonment Boards here today, the Defence Minister Shri AK Antony said the procedure related to issue of No Objection Certificate for Defence Land would be done strictly according to laid down policy. Shri Antony’s speech was read out in-absentia as he could not attend the function due to indisposition.
Observing that “a few NoCs issued in the past by certain local authorities have earned us a bad name,” Shri Antony said this must be avoided. He declared that all vacant pieces of Defence Land would be constantly monitored to avert encroachment.
“In order to protect vacant pieces of Defence Lands, Camping Grounds and abandoned airfields, it has been decided that they would be guarded by nearby military units and when this was not possible sufficient manpower resources would be placed with the Defence Estates Officers to look after them.”
The Defence Minister announced two important projects for efficiently managing defence estates. “One is regarding the introduction of modern survey technology in the Defence Estates and completing of survey work of all defence land in phase-wise manner within a period of three years. The second project is that of Digitization and Indexing of Defence Land records.”
Shri Antony said that a computerization project to scan, index and microfilm all Defence Land-title related records has been sanctioned by the Defence Ministry. “This is an important project to make land-title related documents easily retrievable as also preserve them for future years.”
The Director-General of Defence Estates (DGDE) is the custodian of more than 17 lakh acres of land holdings in Cantonments and other defence estates, making it the largest land holders in the country.
Based on the recommendations of the Parliamentary Standing Committee on Defence, Shri Antony said that he has initiated steps for Land Audit. Cautioning that the Land Audit does not get reduced to just being a fault-finding exercise by one Department of another, he said that “the intention is to control and monitor adherence to laid down procedures and strengthen the overall land management system.”
Pointing out that the Cantonment Boards have to keep pace with the rapid infrastructure development witnessed in the adjoining municipal bodies in the metros and big cities, the Defence Minister said that the cash-starved Cantonment Boards would have to “look for alternative sources of revenue generation.”
In his address the Minister of State for Defence Shri MM Pallam Raju said that the law has been amended that gives Cantonment Boards the status of deemed municipal bodies. He said that the Defence Estates officials must give priority to get the Cantonment Boards included in the funding earmarked for the municipal committees.
“Ministry of Defence has also been working towards including the select Cantonments in the City Development Plan (CDP) of the adjoining cities which are covered under the Jawaharlal Nehru Urban Renewal Mission. Though the Ministry of Urban Development have agreed to include Cantonments in the CDP of the adjoining cities, the funding for the proposed infrastructure in cantonment areas has remained an issue which is yet to be resoloved.”
Speaking on the occasion Shri Shekhar Agarwal, Special Secretary, Ministry of Defence, said that two circulars on ceding of Defence Land and issue of NoC to Defence and adjoining Lands would be issued later this week, which would streamline the procedures and plug loopholes. The DGDE Shri Ashok Kumar Harnal also spoke on the occasion. PK/Suman (Release ID :71940)
MoD Initiates Slew of Steps to Audit Defence land
Comment: Leasing of Defence Lands is the source of corruption. Measures and methods adopted by Politicians and agents is to make mega bucks in connivance with the local DEO's and Military authorities. All lease deeds need to be examined and reviewed for better management of Defence Estates. All encroachers need to evicted if the intention of MOD is genuine.
The Ministry of Defence has initiated several steps to audit the vast land holdings held by the 62 Cantonments and the Defence Estates. Announcing the measures at the first Performance Appraisal Conference of the Chief Executive Officers of the Cantonment Boards here today, the Defence Minister Shri AK Antony said the procedure related to issue of No Objection Certificate for Defence Land would be done strictly according to laid down policy. Shri Antony’s speech was read out in-absentia as he could not attend the function due to indisposition.
Observing that “a few NoCs issued in the past by certain local authorities have earned us a bad name,” Shri Antony said this must be avoided. He declared that all vacant pieces of Defence Land would be constantly monitored to avert encroachment.
“In order to protect vacant pieces of Defence Lands, Camping Grounds and abandoned airfields, it has been decided that they would be guarded by nearby military units and when this was not possible sufficient manpower resources would be placed with the Defence Estates Officers to look after them.”
The Defence Minister announced two important projects for efficiently managing defence estates. “One is regarding the introduction of modern survey technology in the Defence Estates and completing of survey work of all defence land in phase-wise manner within a period of three years. The second project is that of Digitization and Indexing of Defence Land records.”
Shri Antony said that a computerization project to scan, index and microfilm all Defence Land-title related records has been sanctioned by the Defence Ministry. “This is an important project to make land-title related documents easily retrievable as also preserve them for future years.”
The Director-General of Defence Estates (DGDE) is the custodian of more than 17 lakh acres of land holdings in Cantonments and other defence estates, making it the largest land holders in the country.
Based on the recommendations of the Parliamentary Standing Committee on Defence, Shri Antony said that he has initiated steps for Land Audit. Cautioning that the Land Audit does not get reduced to just being a fault-finding exercise by one Department of another, he said that “the intention is to control and monitor adherence to laid down procedures and strengthen the overall land management system.”
Pointing out that the Cantonment Boards have to keep pace with the rapid infrastructure development witnessed in the adjoining municipal bodies in the metros and big cities, the Defence Minister said that the cash-starved Cantonment Boards would have to “look for alternative sources of revenue generation.”
In his address the Minister of State for Defence Shri MM Pallam Raju said that the law has been amended that gives Cantonment Boards the status of deemed municipal bodies. He said that the Defence Estates officials must give priority to get the Cantonment Boards included in the funding earmarked for the municipal committees.
“Ministry of Defence has also been working towards including the select Cantonments in the City Development Plan (CDP) of the adjoining cities which are covered under the Jawaharlal Nehru Urban Renewal Mission. Though the Ministry of Urban Development have agreed to include Cantonments in the CDP of the adjoining cities, the funding for the proposed infrastructure in cantonment areas has remained an issue which is yet to be resoloved.”
Speaking on the occasion Shri Shekhar Agarwal, Special Secretary, Ministry of Defence, said that two circulars on ceding of Defence Land and issue of NoC to Defence and adjoining Lands would be issued later this week, which would streamline the procedures and plug loopholes. The DGDE Shri Ashok Kumar Harnal also spoke on the occasion. PK/Suman (Release ID :71940)
MoD Initiates Slew of Steps to Audit Defence land
Comment: Leasing of Defence Lands is the source of corruption. Measures and methods adopted by Politicians and agents is to make mega bucks in connivance with the local DEO's and Military authorities. All lease deeds need to be examined and reviewed for better management of Defence Estates. All encroachers need to evicted if the intention of MOD is genuine.
Thursday, October 28, 2010
Will Defence Ministry take over Scam- Hit Mumbai Military Complex?
Click here to read how an RTI activist blew lid off Colaba Military Land scam
Economic Times 27 Oct, 2010, 04.14AM IST, Josy Joseph,TNN Defence min may take over scam-hit Mumbai complex
NEW DELHI: Stung by the embarrassing scam in which retired military brass connived with Maharashtra bureaucrats and politicians to corner a prized piece of property in Mumbai's tony Colaba — all in the name of Kargil war widows — the defence ministry and the army chiefs have decided to come down like a ton of bricks and are considering invoking the Defence of India Rules (DIR) to take over the property and call in the CBI to probe the scandal.
These two options have been considered at the highest level in meetings between the defence ministry and the army brass where the Adarsh housing society scam, whose lid was blown off by TOI on Monday, was discussed at length. There are indications that the army brass is veering around to a takeover of the 31-storey complex and put it to military use. The promoters would, however, be reimbursed their cost.
Sources said the army headquarters has already recommended a CBI inquiry into the scam. The recommendation came in response to a query from defence minister A K Antony. "Since we do not have the legal standing to inquire into the conduct of the state government departments, we believe the CBI must look into how the entire manipulation happened and the guilty must be punished," a source said to explain the army's unusual readiness to be probed by an outside agency.
The recourse to DIR rules will mark an unprecedented step. Framed by the British to deal with challenges to their Empire, the rules have seldom been used since the Emergency in 1975. It is ironical that the rule is being dusted off to deal with a scam allegedly involving leaders of armed forces, politicians and bureaucrats who connived to misappropriate the land they got the army to release for war widows.
But DIR is seen as justified given the enormity of the embarrassment and the fact that the armed forces, normally zealous in guarding their turf, are okay with the idea of a CBI probe because, apart from retired military officers, several others are involved in the land grab, including officers of the Mumbai Metropolitan Region Development Authority and Brihanmumbai Muncipal Corporation .
Sources said Antony has made it clear that the scam will not be swept under the carpet. On his instructions, the MoD has sought the army's response to the disclosure by TOI. The army headquarters has quite a task on its hand. The officials dealing with the issue have to reckon with the fact that the beneficiaries of the scam include two of its former chiefs, one former vice chief, one southern army commander and at least four officers who headed the MG & G Area (Maharashtra, Gujarat & Goa) in recent times.
All of them own apartments in the complex. The grim mood in the headquarters coupled with Antony's resolve indicates that the current leadership may not flinch from taking tough measures to repair the damage to military image.
The navy has its own share of embarrassment, with a former navy chief, a former chief of the western naval command and another senior admiral featuring among the flat owners in the housing society.
Defence Ministry may take over scam-hit Mumbai complex
Housing Complex meant for welfare of Kargil war widows, veterans and service personnel hijacked by chain of manipulators
India more corrupt than ever- Transparency International
Commentary: All Defence Estate Officers are linked to MOD Bureaucrats who are tasked to surreptitiously palm off defence lands to Criminal Politicians and Fake real estate promoters. This is happening for the last 60 years and most scams are buried under the carpet. The NOC tutorial is being applied and spreading all the time...! The Military is made a scapegoat by the scheming Bureaucrats- White Shepards leading the Black Sheep!
Economic Times 27 Oct, 2010, 04.14AM IST, Josy Joseph,TNN Defence min may take over scam-hit Mumbai complex
NEW DELHI: Stung by the embarrassing scam in which retired military brass connived with Maharashtra bureaucrats and politicians to corner a prized piece of property in Mumbai's tony Colaba — all in the name of Kargil war widows — the defence ministry and the army chiefs have decided to come down like a ton of bricks and are considering invoking the Defence of India Rules (DIR) to take over the property and call in the CBI to probe the scandal.
These two options have been considered at the highest level in meetings between the defence ministry and the army brass where the Adarsh housing society scam, whose lid was blown off by TOI on Monday, was discussed at length. There are indications that the army brass is veering around to a takeover of the 31-storey complex and put it to military use. The promoters would, however, be reimbursed their cost.
Sources said the army headquarters has already recommended a CBI inquiry into the scam. The recommendation came in response to a query from defence minister A K Antony. "Since we do not have the legal standing to inquire into the conduct of the state government departments, we believe the CBI must look into how the entire manipulation happened and the guilty must be punished," a source said to explain the army's unusual readiness to be probed by an outside agency.
The recourse to DIR rules will mark an unprecedented step. Framed by the British to deal with challenges to their Empire, the rules have seldom been used since the Emergency in 1975. It is ironical that the rule is being dusted off to deal with a scam allegedly involving leaders of armed forces, politicians and bureaucrats who connived to misappropriate the land they got the army to release for war widows.
But DIR is seen as justified given the enormity of the embarrassment and the fact that the armed forces, normally zealous in guarding their turf, are okay with the idea of a CBI probe because, apart from retired military officers, several others are involved in the land grab, including officers of the Mumbai Metropolitan Region Development Authority and Brihanmumbai Muncipal Corporation .
Sources said Antony has made it clear that the scam will not be swept under the carpet. On his instructions, the MoD has sought the army's response to the disclosure by TOI. The army headquarters has quite a task on its hand. The officials dealing with the issue have to reckon with the fact that the beneficiaries of the scam include two of its former chiefs, one former vice chief, one southern army commander and at least four officers who headed the MG & G Area (Maharashtra, Gujarat & Goa) in recent times.
All of them own apartments in the complex. The grim mood in the headquarters coupled with Antony's resolve indicates that the current leadership may not flinch from taking tough measures to repair the damage to military image.
The navy has its own share of embarrassment, with a former navy chief, a former chief of the western naval command and another senior admiral featuring among the flat owners in the housing society.
Defence Ministry may take over scam-hit Mumbai complex
Commentary: All Defence Estate Officers are linked to MOD Bureaucrats who are tasked to surreptitiously palm off defence lands to Criminal Politicians and Fake real estate promoters. This is happening for the last 60 years and most scams are buried under the carpet. The NOC tutorial is being applied and spreading all the time...! The Military is made a scapegoat by the scheming Bureaucrats- White Shepards leading the Black Sheep!
Wednesday, March 31, 2010
Nationwide rampant encroachment of Defence Lands
LOK SABHA
Some Defence land under the management of various authorities is under encroachment or illegal occupation. The state-wise details are as follows:
click image to read data
Any encroachment of Defence lands is liable for removal and also for payment of damage charges as per the law. Hence loss caused, if any, is recoverable. The action for eviction of the encroached lands is taken under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Cantonments Act, 2006.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Somen Mitra in Lok Sabha on 30 Nov 2009. PK / RAJ
Encroachment of Defence Lands
Comment:
The AHQ need to vigorously pursue encroachment cases diligently. Area Commanders are responsible for securing and upkeep of Defence Lands. Sadly they close their eyes when they get paltry personal favours from the encroachers, conmen, hoodlums and Political Criminals. Sukhna Land scam is only the tip of the iceberg. The Defence Minister instead of preaching in the Lok Sabha need to fight the Land Grabbers and MOD bureaucrats on the ground and not on paper!
Some Defence land under the management of various authorities is under encroachment or illegal occupation. The state-wise details are as follows:
Any encroachment of Defence lands is liable for removal and also for payment of damage charges as per the law. Hence loss caused, if any, is recoverable. The action for eviction of the encroached lands is taken under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Cantonments Act, 2006.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Somen Mitra in Lok Sabha on 30 Nov 2009. PK / RAJ
Encroachment of Defence Lands
Comment:
The AHQ need to vigorously pursue encroachment cases diligently. Area Commanders are responsible for securing and upkeep of Defence Lands. Sadly they close their eyes when they get paltry personal favours from the encroachers, conmen, hoodlums and Political Criminals. Sukhna Land scam is only the tip of the iceberg. The Defence Minister instead of preaching in the Lok Sabha need to fight the Land Grabbers and MOD bureaucrats on the ground and not on paper!
Bureaucrats grab Defence Lands in Mumbai
NDTV Correspondent, Wednesday March 31, 2010, Mumbai The Golibar slum in Mumbai's Santa Cruz suburb is the site of a new controversy over Defence Land.
The Air Force alleges that a set of six buildings have illegally come up on 12 acres of its land which could be worth several hundred crores, with the connivance of government officials.
The buildings are part of government slum rehabilitation scheme but the Air Force has alleged that it is defence land which the state government has grabbed without permission.
The Air Force has taken the state housing agency MHADA and the private developer Shivalik Ventures to a city court. It wants the buildings to be demolished.
Nearly 26,000 slum dwellers are to be rehabilitated through this multi-crore project and now many are worried as to what will happen if land ownership is being disputed.
Kalimuddin Sheikh says, "All the locals here were supposed to be rehabilitated on plot number 13 ...MHADA was claiming that it is their land now the defence has made counter claim..."
"I don't think so the project is being carried keeping the SRA norms in mind...", adds another resident, S Atamaram.
Government officials refused to come on record, but they say the Air Force had already lost control of the land because it was encroached by slums. The state housing board says they have documents showing the land belongs to them. Also the project was cleared by another department, the Slum Rehabilitation Authority.
Shivalik Ventures has denied any illegality. It claims it has not built anything on Air Force Land.
"The buildings have not come up on Air Force land but on an adjoining plot. We have received all the necessary clearances from the government. We have not been served any notice on the case", they say.
The claims and counter-claims on this disputed land will now be tested in court.
Air Force moves court over land grab in Mumbai
Saturday, March 27, 2010
MOD Land Lease scam: Prestigious Chennai Clubs Cheat the Nation
Gymkhana Club, Chennai
The then Madras Gymkhana Club was in occupation of 44.13 acres of Defence land in a prime part of the city from December 1977 to November 1986 on payment of annual rent of Rs 3,526. Though a formal lease agreement had not been entered into with the Club till then, the Ministry of Defence sanctioned, in October 1990, the continuance of the lease only in respect of 8.608 acres of land retrospectively from November 1986 onwards at the increased annual rent of Rs.8,608 based on agricultural rates. No lease agreement was concluded even thereafter.
The DEO, Chennai, recovered rent from the Club up to November 1991. Thereafter, he stopped accepting rent from the Club on the ground that it had resorted to unauthorised construction on the leased land and had also made alterations to the building thereon without the prior permission of the lessor and in violation of the lease agreement.
Audit scrutiny disclosed the following:
The Club had constructed 14 air-conditioned guest rooms, in respect of which rent ranging from Rs 900 to Rs 1,950 per day was levied, a beauty parlour, a Chinese kitchen, ice-cream parlour, etc. It had also sub-let a portion of the land to a bank without the prior permission of the lessor.
Keeping in view the Club’s commercial activities, the DEO had assessed that rent amounting to Rs 33.10 crore was recoverable for the period from November 1991 to June 2001, based on only 2.5 per cent of the land value, as against 5 per cent adopted for determining the rent payable by another club in the same station, that was also involved in similar commercial activities, which has been discussed in paragraph 2.6.2.2.
Government’s approval for revision of rent as proposed by the DEO had not been obtained even after the lapse of over 4 years as of March 2002.
The Directorate General of Defence Estates informed Audit in September 2002 that the draft lease for the period from December 1977 onwards and rate at which damages were to be recovered from the Club had not yet been finalised by Ministry.
Cosmopolitan Club, Chennai
The Cosmopolitan Club, Chennai, had been occupying 2.327 acres of land, in the heart of the city, since July 1962/July 1965 without renewal of the earlier lease agreement which was effective only up to June 1970. The Club also unauthorisedly occupied an additional area of 3.925 acres from April 1993.
Audit scrutiny of the case disclosed the following:
Though the lease in respect of the 2.327 acres of land expired in June 1970 itself, the DEO did not take any action till September 1975 when an application from the Club for renewal of the lease beyond June 1970 was received. The matter was taken up with the Directorate General of Defence Estates only in November 1975.
The DEO brought to the notice of the Directorate General in March 1997 that the Club had been functioning as a commercial organization and rent should consequently be charged on a commercial basis. Based on 5 per cent of the land value, rent totalling Rs 3.29 crore was determined as recoverable for the period from July 1970 to March 2000, which would increase to Rs 4 crore up to June 2001.
No Lease agreement had been concluded with the Club beyond June 1970 in respect of the 2.327 acres of land initially leased to it or in respect of the 3.925 acres that had been unauthorizedly occupied since April 1993. Recovery of rent at commercial rates proposed by the DEO had also not been effected as of March 2002.
The Directorate General informed Audit in September 2002 that the question of renewal of the lease and damages to be charged from the club was under examination.
Prestigious Chennai clubs owe Rs 50 Crore rentals to MOD
Comment:
This scam is perpetuated by Politicians, Bureaucrats in connivance with the MOD and AHQ. The Sukhna Scam fades into insignificance compared to revenue loss of over Rs 50 Crore to the exchequer for a period of over 2 decades as black money has been used by vested interests to evade legitimate revenue due to the Government!
A closer look at the clubs under scrutiny reveals:
The clubs have lease agreements for a period of 30 to 60 years. Defence lands— often huge tracts given to run the clubs to ensure "betterment of Members including the Garrison Officers". One needs to zero in on the terms and conditions of the lease agreements, which are grossly violated. These are: restricting public entry and use, discriminatory membership practices, non-payment of dues, non-submission of audited accounts and earning illegal revenue by letting out premises for weddings, parties, guest rooms and Guest fees. The Garrison Officers are relegated as second class members. The managements and Governing body owes an explanation to the nation for violating the Rules of the land. Even capital gains taxes are cleverly evaded.
Besides, the management and Governing Body are minting money by hiring out premises without paying a dime for tax. It's nothing but a robbery of citizens' resources, If these conserves of the privileged governing body can be brought to the negotiating table to renew their leases at reasonable rates and made to follow terms, the bigger battle of fighting corruption in high places can be won!
The then Madras Gymkhana Club was in occupation of 44.13 acres of Defence land in a prime part of the city from December 1977 to November 1986 on payment of annual rent of Rs 3,526. Though a formal lease agreement had not been entered into with the Club till then, the Ministry of Defence sanctioned, in October 1990, the continuance of the lease only in respect of 8.608 acres of land retrospectively from November 1986 onwards at the increased annual rent of Rs.8,608 based on agricultural rates. No lease agreement was concluded even thereafter.
The DEO, Chennai, recovered rent from the Club up to November 1991. Thereafter, he stopped accepting rent from the Club on the ground that it had resorted to unauthorised construction on the leased land and had also made alterations to the building thereon without the prior permission of the lessor and in violation of the lease agreement.
Audit scrutiny disclosed the following:
The Club had constructed 14 air-conditioned guest rooms, in respect of which rent ranging from Rs 900 to Rs 1,950 per day was levied, a beauty parlour, a Chinese kitchen, ice-cream parlour, etc. It had also sub-let a portion of the land to a bank without the prior permission of the lessor.
Keeping in view the Club’s commercial activities, the DEO had assessed that rent amounting to Rs 33.10 crore was recoverable for the period from November 1991 to June 2001, based on only 2.5 per cent of the land value, as against 5 per cent adopted for determining the rent payable by another club in the same station, that was also involved in similar commercial activities, which has been discussed in paragraph 2.6.2.2.
Government’s approval for revision of rent as proposed by the DEO had not been obtained even after the lapse of over 4 years as of March 2002.
The Directorate General of Defence Estates informed Audit in September 2002 that the draft lease for the period from December 1977 onwards and rate at which damages were to be recovered from the Club had not yet been finalised by Ministry.
Cosmopolitan Club, Chennai
The Cosmopolitan Club, Chennai, had been occupying 2.327 acres of land, in the heart of the city, since July 1962/July 1965 without renewal of the earlier lease agreement which was effective only up to June 1970. The Club also unauthorisedly occupied an additional area of 3.925 acres from April 1993.
Audit scrutiny of the case disclosed the following:
Though the lease in respect of the 2.327 acres of land expired in June 1970 itself, the DEO did not take any action till September 1975 when an application from the Club for renewal of the lease beyond June 1970 was received. The matter was taken up with the Directorate General of Defence Estates only in November 1975.
The DEO brought to the notice of the Directorate General in March 1997 that the Club had been functioning as a commercial organization and rent should consequently be charged on a commercial basis. Based on 5 per cent of the land value, rent totalling Rs 3.29 crore was determined as recoverable for the period from July 1970 to March 2000, which would increase to Rs 4 crore up to June 2001.
No Lease agreement had been concluded with the Club beyond June 1970 in respect of the 2.327 acres of land initially leased to it or in respect of the 3.925 acres that had been unauthorizedly occupied since April 1993. Recovery of rent at commercial rates proposed by the DEO had also not been effected as of March 2002.
The Directorate General informed Audit in September 2002 that the question of renewal of the lease and damages to be charged from the club was under examination.
Prestigious Chennai clubs owe Rs 50 Crore rentals to MOD
Comment:
This scam is perpetuated by Politicians, Bureaucrats in connivance with the MOD and AHQ. The Sukhna Scam fades into insignificance compared to revenue loss of over Rs 50 Crore to the exchequer for a period of over 2 decades as black money has been used by vested interests to evade legitimate revenue due to the Government!
A closer look at the clubs under scrutiny reveals:
The clubs have lease agreements for a period of 30 to 60 years. Defence lands— often huge tracts given to run the clubs to ensure "betterment of Members including the Garrison Officers". One needs to zero in on the terms and conditions of the lease agreements, which are grossly violated. These are: restricting public entry and use, discriminatory membership practices, non-payment of dues, non-submission of audited accounts and earning illegal revenue by letting out premises for weddings, parties, guest rooms and Guest fees. The Garrison Officers are relegated as second class members. The managements and Governing body owes an explanation to the nation for violating the Rules of the land. Even capital gains taxes are cleverly evaded.
Besides, the management and Governing Body are minting money by hiring out premises without paying a dime for tax. It's nothing but a robbery of citizens' resources, If these conserves of the privileged governing body can be brought to the negotiating table to renew their leases at reasonable rates and made to follow terms, the bigger battle of fighting corruption in high places can be won!
Thursday, March 25, 2010
Misuse of Defence Lands by Commercial agents thwarted by the High Court
Thursday, Mar 25, 2010: The Hindu
Special Correspondent: Single judge's order to permit conversion set aside
CHENNAI: The Madras High Court has allowed appeals by the Cantonment Board, St. Thomas Mount-cum-Pallavaram, and the Defence Ministry challenging a single Judge's order directing the authorities to permit conversion of a piece of land, leased by the Defence Ministry to a person, from residential to commercial purpose.
U. Venkatesh was the lessee of 19,200 sq.ft. of land at St. Thomas Mount-cum-Pallavaram Cantonment and the lease granted was only for residential use and not commercial purpose. The conversion was not granted by the Defence Ministry. He filed petitions praying for permission to use the leasehold right for commercial purpose for 90 years by fixing and collecting annual rent and premium of the year 1997 and a direction to the Executive Officer, Cantonment Office, to sanction the building plan in his favour. He also challenged the rejection of his request for conversion of land use. By a common order the single Judge allowed the petitions.
As against the orders, the present appeals were filed. The appellants said the request for change of land use having been rejected and without obtaining the Defence Ministry's permission, approval of the building plan was sought for, which was also returned. The petitioner ought not to have commenced construction on the land for commercial purpose.
M. Ravindran, Additional Solicitor-General, submitted that the petitioner was a lessee of the land, owned by the Defence Ministry, and he was bound by the lease deed which contained a clause to use the land only for residential and not for commercial purpose.
Allowing the appeals and setting aside the single Judge's order, a Division Bench comprising Justices Elipe Dharma Rao and N. Paul Vasanthakumar said the petitioner's conduct in approaching the court and obtaining an interim order without disclosing the non-grant of permission for using the land for commercial purpose and completing the building construction was illegal. The petitioner was bound by the lease agreement.
The Bench said the Supreme Court in a decision had held that buildings constructed unauthorisedly were bound to be demolished. In this case, the petitioner admittedly constructed the building without the Defence Ministry's permission regarding change of land use and also without obtaining building plan approval from the Estate Officer.
Land use conversion case: High Court allows Defence Ministry's appeals
Related article:
Gymkhana Club which is governed by civilians (though land and premises belong to the Military) now need to get licences to operate eateries within the club. The hygiene parameters are bound to improve in the clubs devoid of flies, mosquitoes, bird droppings and foul smell in the dining areas. The Military need to get back the defence lands leased to the Gymkhana Club. The lease has been renewed by corrupt and dubious means and premises used for commercial gains by the Gymkhana Governing Body whose main aim is to spin money. The above case illustrates how the lease can be revoked through court order. The Area Commander who is the Patron of Gymkhana Club should take the initiative of preserving the defence lands in his custody or else it will graduate to land Scam of Sukhna proportions.
Licences mandatory for club restaurants
Special Correspondent: Single judge's order to permit conversion set aside
CHENNAI: The Madras High Court has allowed appeals by the Cantonment Board, St. Thomas Mount-cum-Pallavaram, and the Defence Ministry challenging a single Judge's order directing the authorities to permit conversion of a piece of land, leased by the Defence Ministry to a person, from residential to commercial purpose.
U. Venkatesh was the lessee of 19,200 sq.ft. of land at St. Thomas Mount-cum-Pallavaram Cantonment and the lease granted was only for residential use and not commercial purpose. The conversion was not granted by the Defence Ministry. He filed petitions praying for permission to use the leasehold right for commercial purpose for 90 years by fixing and collecting annual rent and premium of the year 1997 and a direction to the Executive Officer, Cantonment Office, to sanction the building plan in his favour. He also challenged the rejection of his request for conversion of land use. By a common order the single Judge allowed the petitions.
As against the orders, the present appeals were filed. The appellants said the request for change of land use having been rejected and without obtaining the Defence Ministry's permission, approval of the building plan was sought for, which was also returned. The petitioner ought not to have commenced construction on the land for commercial purpose.
M. Ravindran, Additional Solicitor-General, submitted that the petitioner was a lessee of the land, owned by the Defence Ministry, and he was bound by the lease deed which contained a clause to use the land only for residential and not for commercial purpose.
Allowing the appeals and setting aside the single Judge's order, a Division Bench comprising Justices Elipe Dharma Rao and N. Paul Vasanthakumar said the petitioner's conduct in approaching the court and obtaining an interim order without disclosing the non-grant of permission for using the land for commercial purpose and completing the building construction was illegal. The petitioner was bound by the lease agreement.
The Bench said the Supreme Court in a decision had held that buildings constructed unauthorisedly were bound to be demolished. In this case, the petitioner admittedly constructed the building without the Defence Ministry's permission regarding change of land use and also without obtaining building plan approval from the Estate Officer.
Land use conversion case: High Court allows Defence Ministry's appeals
Related article:
Gymkhana Club which is governed by civilians (though land and premises belong to the Military) now need to get licences to operate eateries within the club. The hygiene parameters are bound to improve in the clubs devoid of flies, mosquitoes, bird droppings and foul smell in the dining areas. The Military need to get back the defence lands leased to the Gymkhana Club. The lease has been renewed by corrupt and dubious means and premises used for commercial gains by the Gymkhana Governing Body whose main aim is to spin money. The above case illustrates how the lease can be revoked through court order. The Area Commander who is the Patron of Gymkhana Club should take the initiative of preserving the defence lands in his custody or else it will graduate to land Scam of Sukhna proportions.
Licences mandatory for club restaurants
Sunday, February 28, 2010
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
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
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