The Rajasthan High Court has directed authorities to conduct a comprehensive survey and demolish all illegal constructions near Indian Air Force and Army installations in Jodhpur. The court ordered the exercise to be completed within three months, with a compliance report due by August 3, 2026.
Court's Directives on Restricted Zones
A division bench comprising Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma disposed of a batch of writ petitions, instructing that all constructions in restricted zones be examined and any violations of defence-related norms be removed. The court emphasized that future construction permissions in such areas must strictly adhere to Ministry of Defence guidelines, including mandatory No Objection Certificates (NOCs). The bench further ruled that any permissions granted in violation of these norms must be cancelled, and unauthorised occupants removed from restricted land.
Petitioners' Concerns
The petitions had flagged alleged illegal constructions near sensitive defence establishments on land under Khasra No. 632 and its sub-divisions in the Pabupura area. Petitioners argued that local authorities granted permissions in contravention of central government notifications, raising concerns over potential threats to national security. They sought quashing of permissions, land allotments and NOCs, and demanded that the area be demarcated as a no-construction zone under the Works of Defence Act, 1903.
Government's Response
During the hearing, it was contended that multiple violations had already been highlighted in records but authorities failed to take effective action. Petitioners pressed for a detailed survey and immediate demolition of illegal structures, along with stricter enforcement going forward. The Additional Solicitor General, appearing for the Union government, submitted that regulations governing construction near defence installations were already in place and acknowledged that 'certain encroachments and unauthorised constructions had occurred,' stressing the need for a survey and necessary action, including demolition where violations are found.
Authorities' Assurance
Local authorities assured the court that a detailed exercise would be undertaken and that any illegal constructions would be dealt with in accordance with law. They also committed to ensuring strict compliance with defence ministry norms in future approvals. Taking note, the court observed that the matter 'directly concerns national security' and requires strict enforcement of existing regulations.
