HC advises Maruti to vacate land in restricted IAF zone

Courtesy: Ajay Sural TNN

Submitted by – Mayank Dureja

The Punjab and Haryana high court has advised public sector automobile giant Maruti Suzuki India Limited (MSIL) to vacate a part of its property that falls in the 300-metre restricted zone around the Air Force stationin Gurgaon.

These oral observationscame from a division bench headed by Justice S S Saron while hearing the ongoing issue pertaining to removal of encroachments around Air Force stations of Gurgaon and Faridabad. On the suggestion of HC, the counsel appearing for Maruti sought time from the court to seek instructions from the company in this regard.

When the matter came up for hearing before the bench on May 23, the counsel for Maruti sought permission to implead the company as party in the case. The counsel said the company is a central government-registered entity and should be heard by the court as the Maruti property falls within the 900 metre as well as the reduced limit of 300-metre restricted zone around the depot.

After going through the property map, the bench orally observed that only the delivery area of the company’s production unit falls within the reduced restricted zone of 300 m, and the company can easily vacate it.

Hearing this, the counsel for Maruti told the court that he would be able to make any submission in this regard only after seeking instructions from the company.

During hearing of the case, the bench also asked additional solicitor general of India, Satya Pal Jain, to clarifiy the powers of district magistrates delegated by the Centre for enforcement of provisions of Works of Defence Act, 1903, to remove encroachments in a 100-metre radius of the ammunition depot in Faridabad and 300 m from that in Gurgaon.

 The matter will come up for hearing on June 1. The matter reached the HC in 2010 through a public interest litigation seeking removal of constructions from the 100-metre area around the Air Force station, Dabua, in Faridabad, and construction within 900 m around the Air Force ammunition depot, Gurgaon.
Following court intervention, the central government, in September 2015, told the HC that it had been decided to decrease the restricted zone around the ammunition depot of Indian Air Force, Gurgaon, from 900 m to 300 m. The Centre, however, made it clear that the area of restricted zone around Air Force station, Faridabad, remains 100 metre.

 

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.

Soon, temporary water connections for areas under restricted zone of IAF ammunition depot

Courtesy – TNN

The Urban Local Bodies department of Haryana has given green signal for temporary water supplies to the families living in 900 metre restricted zone around the Indian Air Force (IAF) ammunition depot in Gurgaon. The residents living in the restricted zone around are deprived of basic civic amenities; the temporary water supply will end the dependence of residents on ground water and water tankers.
The area of 900m around the ammunition depot in Gurgaon covers around 2,325 acres area and has 14,154 structures. The built-up area is around 692 acres.

Gurgaon ammunition depot has strategic importance in the northern region and is ideal for transportation of armaments in case of a two-front war. It is most convenient for foreign receipts due to availability of air bridging facility in the vicinity, which proved very convenient during the Kargil operations.

A public interest litigation (PIL) was filed by one Suresh Goyal before Punjab and Haryana High Court in 2010 seeking removal of constructions from 100-metre area around Air Force Station, Dabua in Faridabad, which is a protected zone under provisions of the Work of Defence Act. HC had also taken cognizance of a similar matter of on the construction activities within the restricted zone of 900m of the ammunition depot of IAF in Gurgaon.

“Large numbers of people are living in this area and they are deprived of basic civic amenities. The matter of restricted zone is pending before court for many years, so we cannot keep large number of people thirsty,” said MLA Umesh Agrawal adding that water will be supplied to the residents till the final order of the court.

He said temporary water supply project will cost Rs 3 cr. Water will be supply through two overhead water tanks and Huda has promised to give land for it. “One overhead tank will be constructed near Tau Devilal Park in sector 22,” said Agrawal.

The temporary water supply to 10,368 owners/occupiers within 900m of the IAF ammunition depot will further complicate the matter. “Removal is a sensitive issue, which may create law and order problem. It includes Maruti Udyog Limited (MUL), other small/large industrial units in Sector 18, residential/commercial area in Sector 14 and small residential belt in Sector 17,” said senior government official.

Haryana government had stated in 2011 that factories like MUL and Electric City in the said area were providing economic impetus to Gurgaon, which made this restricted belt vulnerable to urbanization and industrial growth, resulting in encroachments.

Six-member committee headed by additional secretary, ministry of urban development, had recommended that it would be appropriate to reduce the prohibited zone near the Gurgaon ammunition depot from 500m to 600m for public traffic route.
The committee, comprising experts from various central ministries and the Haryana government, was formed in March 2014 following the directions of the Punjab and Haryana high court to discuss and suggest a solution to the encroachment related to ammunition depots in Gurgaon and Faridabad.
If the recommendations of the committee are accepted, around 8,000 structures around the Air Force depot in Gurgaon would be regularized. The area of 900m around the ammunition depot in Gurgaon covers around 2,325 acres area and has 14,154 structures. The built-up area is around 692 acres.
Under the 500m radius, 1,131 acres are covered and there are 6,275 structures. The built-up area is spread over 283.89 acres.

High Court directive on encroachments around IAF stations Gurgaon, Faridabad

Courtesy:TNN

The Punjab and Haryana high court on Tuesday directed the deputy commissioners (DCs) of Gurgaon and Faridabad to issue notices against those who have made constructions within 300 metre around the Indian air force ammunition depot Gurgaon and 100 metre around the air forces station in Faridabad.

The DCs has been asked to issue notices asking the encroachers to remove constructions to avoid any action from the administration.

While issuing these orders, division bench headed by Justice SS Saron has also asked the central government to issue notification to designate both the DCs of Gurgaon and Faridabad as Collectors under the Works of Defence Act 1903 empowering them to take action accordingly.

 The directions to issue notice has come after the centre had agreed to reduce restricted zone around ammunition depot Gurgaon from 900 to 300 metres, if the state government undertakes to vacate the encroachments within 300 meter area.
 On September 7, the central government had submitted before the HC that the restricted zone around ammunition depot of Indian air force Gurgaon has been decided to be decreased from 900 to 300 metres. Centre, however, had made it clear that the area of restricted zone around air force station Faridabad shall remain 100 metres only.
The matter had reached before the Punjab and Haryana high court through a public interest litigation (PIL) filed by one Suresh Goyal of Faridabad seeking removal of constructions from 100-metre area around Air Force Station, Dabua in Faridabad and construction within 900 metres around airforce station Gurgaon.
Following the intervention of HC, a six member committee of central and state government officers headed by additional secretary, union ministry of urban development, had suggested to reduce the restricted zone around airforce station Gurgaon.