High court notice to Centre, Haryana on plea to quash Works of Defence Act

Courtesy : TNN – Ajay Sura

The Punjab and Haryana high court on Friday issued notice to the ministry of defence (MOD) and the Haryana government on a plea to quash the Works of Defence Act 1903 that restricts construction around defence establishments.

Bench headed by Justice Rajesh Bindal of the HC has issued the notice while hearing a petition filed by Vikram Singh, a resident of Sheetla Mata road Gurgaon.

Petitioner, who has a house within the restricted zone of Air Force station Gurgaon, has also sought directions not to displace him or demolish his house.

The matter would now come up for hearing on September 19 for further hearing.

Petitioner informed that in March 2016, the high court had directed the deputy commissioners (DCs) of Gurgaon and Faridabad to issue notices against those who have made constructions within 300 metres around the IAF ammunition depot Gurgaon and 100 metres around the air forces station in Faridabad. The DCs had been asked to issue notices asking the encroachers to remove constructions to avoid any action from the administration.

According to petitioner after reading the media reports about the demolition of his house, he is under fear of losing his living abode and only source of livelihood based on his ancestral land since immemorial time.

 “The sword/threat of demolition of the home situated on the ancestral land is in violation of human rights and various international covenants like Universal Declaration of Human Rights, International Convention of Economic, Social and Cultural Rights and Resolution No. 1993/77 adopted by Commission of Human Rights titled ‘Forced Evictions and Human Rights’,” said Pradeep Rapria, counsel for the petitioner.
Rapria further stated that government rehabilitate the slum dwellers having constructed their houses on the public land, but the people like petitioner who had constructed their houses on their ancestral land cannot be uprooted at the altar of Works of Defence Act the old draconian law of the year 1903, without ensuring respectable rehabilitation of people.
He further submitted that due to significant changes in the ground realities and enactment of subsequent statutes, after passage more than 100 years of passing of the Works of Defence Act, 1903, the antique law has lost its relevance and now the present ground reality is that without ruining the lives more than 25 lakhs citizens’ residing in the vicinity of the Air Force Depot, Gurgaon.

While making Maruti Suzuki India Limited and Pasco Automobiles as respondents along with the MOD, the petitioner pleaded before the court that the buildings of these companies are also situated within the restricted zone of the Air Force depot, nobody is touching them, while the government is bent-upon to demolish the houses of people having constructed their ancestral land.

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10 thoughts on “High court notice to Centre, Haryana on plea to quash Works of Defence Act

  1. There is no govt willing to serve people. Defence is for people safety buy here everything seems reverse, they r looking to serve only corporates, common people r not getting electricity meters but corporates r getting everything, is this the rule of law and equality ? Is this the govt doing respect of Indian constitution ? People requested to The President to get basic amenities atleast people having houses out of 300 meter but nobody respected and listen which shows administration respect towards India’s President which is very shameful.

  2. It is undoubted the pain and honest feelings of Mr DS Dahiya, which are truly expressed. One can easily understand the grievance when he realizes the ground realities of the people who are facing their day to day basic needs like non-getting of new power connection, Improper Savage/Drainage system, Pathetic and Deteriorating Road Conditions which are basically made by the residents within their own efforts/resources, Ongoing prolonged fear about their houses whether safe or not safe, Non-getting bank loans for addition/alteration/renovation of their houses etc. I personally feel that it is too much now, let this issue be resolved soonest as one generation has already passed away awaiting solution of this problem.

  3. Dear All,
    I am not sure how many of us is actually worried for basic amenities. . 50% people are having electricity connection.. 20% are having sub meter.. 30% of us are paying some basic amount to next window or line man to at least see the light in dark night.
    Let’s we all try to put some amount together and hire a good public lawyer who can fought with government on behalf of us and we at least try to get our basic rights for peaceful living.
    I am OK to pay upto 50k to lawyer for getting basic amenities legally instead of paying this to line man for electricity theft

  4. Dear Gupta Jee,

    I am agree with your opinion. At least we people should take initiative.
    Facility of Electricity and Water is our fundamental right, and we will grab it.
    please mail me your contact number on arunqsp82@gmail.com.

    Thanks

  5. Hi, friends. Lets create a Whatsapp group to stay in touch and update each other about latest turns in this case.

    Please drop your number on this page.

  6. Friends, please click the link and get updated. Similar thrust required in near future also! Water and Electricity is the fundamental right of a human being and this can be ignored.
    Honourable court is doing injustice and all people!

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