SUDIP MAZUMDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These proceedings were registered as a public interest litigation on the basis of a letter dated 15/11/1982 addressed to the then chief justice of India by Shri Sudip Mazurndar, a journalist. The petition concerns the alleged inadequacy of safety precautions in the Indian Army's ammunition test-firing range near Itarsi in Madhya Pradesh. It is alleged that the villagers, mostly tribals, who stray into what is stated to be the country's largest ammunition test-firing range, were getting killed and maimed.

(2.) In the counter-affidavits filed by the respondent, from time to time, the repetitive occurrence of these incidents is not disputed. Shri R. S. Goel, Under secretary, Department of Defence Production, Ministry of Defence, in the course of his counter-affidavit dated 1/9/1983 states:

(3.) It is, however, admitted that these efforts have not succeeded in eliminating the entry of the villagers and tribals into the firing range who, it is alleged, are tempted by the attraction of monetary gains from the collection of the metal scrap. The nature of the terrain, the undulating land surface, the cover of trees and bushes, it is stated, provide access to the intruders in search of metal scrap. government sought to disclaim its responsibility for the deaths and the maimings of the intruders. Shri Goel's affidavit on the point proceeds to say: