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D.B.Civil Writ Petition (PIL) No.2298/2009
Gurmeet Singh & ors. V/s Union of India & ors.
2.4.2009
Hon’ble the Chief Justice Mr.Deepak Verma
Hon’ble Mr.Justice N.P.Gupta
Mr.P.P.Choudhary for the petitioners.
Mr.Kuldeep Mathur for respondents no.1,2,3,7 & 8.
Mr.R.S.Saluja for respondent no.6.
Mr.G.R.Punia, Addl.Advocate General for respondent
no.4.
In this public interest litigation,
petitioners are raising grievances with regard to
alleged encroachment being made by the respondent-
Air Officer Commanding, Air Force Station, Jodhpur
on public road by raising boundary wall, thereby
encroaching 25-30 ft., a public road. According to
petitioners, there existed 120 ft. wide road from
KV No.1, Air Force to the Air Force Station
connecting several colonies situated on either
side of it, namely, Central School Scheme, Arvind
Nagar, Anjana Patel Nagar, Vidhya Park etc. It has
further been contended that on the western side of
the road, there exists commercial area adjacent to
the road.
Notices were directed to be issued to the
respondents, returnable on 25.3.2009.
Replies have been filed by respondents
no.1,2,3,7 & 8 as one set, respondent no.4
District Collector, Jodhpur and respondent no.6
Municipal Corporation, Jodhpur. They all have said
in one voice that Air Force Station, Jodhpur is
neither encroaching on any public road nor is
constructing boundary wall by encroaching public
road. It is clearly pleaded that security fencing
including technical and administrative
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accommodation for No.8 Provost and Security (Unit)
of the Indian Air Force at Jodhpur was sanctioned
by the competent authority in Sept.1981 and
accordingly, the work was completed in the year
1983. Copy of the letter of 17.9.1981 has been
annexed as Annex.R/1. According to them, in the
month of June, 2008, Government of India, Ministry
of Defence had issued sanction for construction of
perimeter wall at Air Force Station, Jodhpur. On
receipt of Government sanction, the perimeter wall
is being constructed as security fencing existed
which was erected in Sept.1981. It has further
been contended by respondents that 25 bighas in
Khasra no.795/685 was physically measured by the
District Revenue Officials alongwith
representative from Defence Estate Officer,
Jodhpur, in which 15 bighas of land was found in
physical possession of Air Force and rest of 10
bighas was occupied by road and other populated
areas. They have therefore, contended that in
place of the fencing, which existed earlier, they
are constructing the boundary wall.
A rejoinder to this reply was filed and
significantly it was categorically admitted
therein as under:-
“It is stated in the reply that the Air Force
Provost Headquarter (No.8 Provost and Security
Unit) was established and barbed fence was
erected in the year 1981. It is true but it
goes without saying that it was done without
any proper demarcation of the land by the
revenue authorities………….”
The District Collector, Jodhpur-respondent
no.4 in his reply has submitted that present
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location of the Air Force Station is in Khasra
no.670 and Khasra no. 670/1 measuring 40.04 bighas
and Khasra no.670/2 measuring 0.10 bighas, as
recorded in the name of Defence in the Jamabandi
and Khasra no.670 measuring 154.12 bighas is
recorded as Government land in the Jamabandi.
Annex.R/4/1 is the report of the Tehsildar,
Jodhpur dated 1.4.2009. The Tehsildar has reported
that there is no settlement map available in the
record. The land under occupation of the Air Force
Station was surveyed in 2007 under the orders of
the Collector, Jodhpur and on the basis of the
occupation of the land of the Air Force Station,
map was prepared. According to him, Khasra
no.670/1 is having an area of 40.04 bighas and
Khasra no.670/2 is having 0.10 bighas of land in
the name of Defence and Khasra no.670 having area
of 154.12 bigha, is recorded as Government land.
The Municipal Corporation, Jodhpur-respondent
no.6 has replied that pursuant to the directions
of the Court, Assistant Engineer of Municipal
Corporation had visited the site and took
measurement. According to the measurement taken,
he has found that Air Force Station is raising
construction of boundary wall within 25 bighas of
land allotted to it. The map produced by the said
Assistant Engineer has been filed by respondent
no.6 as Annex.R/6/1. It has further been noted in
his report that even though the proposed width
from Gaurav Path is 120 ft. but at some places,
the width is fluctuating.
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From the documents available on record, it is
neither reflected nor established that while
constructing the boundary wall, Air Force Station,
Jodhpur is encroaching on public road. Rather from
the pleadings referred to above, it is clear that
admittedly the Air Force Provost Headquarter was
established and barbed fencing was erected in
1981. According to respondents no.1,2,3,7 and 8,
the wall is being constructed at the same place
where the barbed fencing existed since inception.
It was sought to be contended by learned
counsel for the petitioners on the basis of the
interim reply filed on behalf of respondent no.4
wherein a dispute has been raised supporting the
case of the petitioners about title of the land to
be vesting in the other respondents. It will
suffice to say that this public interest
litigation is not available for settling that
dispute, moreso, when as found above, the barbed
fencing existed since inception i.e. 1981, at
which very place for security reasons, the
boundary wall is being erected.
In the light of the aforesaid, we are of the
considered opinion that no case has been made out
for issuance of writ in favour of the petitioners.
Apart from the above, it is also to be seen that
petitioners have raised several disputed questions
of fact, which cannot be gone into in this writ
petition, which is filed in the nature of public
interest litigation.
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However, the petitioners, if they are so
advised, can go to civil court for grant of
relief, that may be permissible to be granted to
them in accordance with law, but in this writ
petition, there is no merit or substance. It is
accordingly dismissed as such.
(N.P.Gupta)J. (Deepak Verma)CJ Parmar