Safety zone issue: Maruti clarifies stand

Courtesy- TNN  Submitted by – Mayank

Automobile giant Maruti Suzuki has clarified that it had not made any submission before the Punjab and Haryana high court to vacate a portion of its premises falling within 300 metres of the safety zone around the air force station at Gurgaon.

The counsel for the company in their response to the TOI report ‘Maruti to vacate part of plant close to Ggn Airbase’ published on July 15, has said that company’s facilities at Gurgaon were bestowed by way of a central statute and there were representations and warranties of the Union of India based on which the company could seek substantial remedies from an appropriate forum. Maruti has stated that it is for this reason that they had decided to withdraw their application and had not agreed before the high court to vacate the land.

The matter had reached before the Punjab and Haryana high court in 2010 through a public interest litigation (PIL) seeking removal of construction within 900 metres of the air force station.

Following the court’s intervention, the central government in September 2015 had told the high court that it had decided to reduce the restricted zone around the ammunition depot of the air force from 900 to 300 metres.

An application was filed in this matter by Maruti for impleading it as an intervener in the case. Referring to the site plan of the plant, the company had submitted before the high court on May 23, 2017 that the upper curve in the site plan comes within 900 meters safety zone from the Air Force Station.

However, the lower curve comes within 300 meters of the safety zone of the air force station and would not cause much disruption to the company. The company’s counsel has said that adjustments in this regard can be made and he had sought time to seek instructions.
According to the company, when the matter again came up for hearing on July 13, they had requested to withdraw their application and had not made any submission.
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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.