RAJESH BHADORIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition in public interest for removal of construction within the periphery of 200mts. of the Defence Research Development Establishment, a department of Defence Research Development Organisation, Ministry of Defence, Government of India.

(2.) It is contended that the DRDO was established with a vision to make India self-sufficient for establishing world class Science and Technology base and provide to defence services of the country a decisive edge by equipping them with internationally competitive defence systems and solutions. It is urged that the mission of DRDO is to design, develop and to lead to produce State of art sensors, weapon systems, platforms and allied equipments for country's defence services. Provide technical solution to the defence services to optimise combat effectiveness and to promote amongst the troops their well being through quality infrastructure development including manpower with the help of technology. It is urged that the DRDE was established in the city of Gwalior in the year 1963. With its establishment, it is urged, certain measures were adhered to, to keep it safe and inhabited. In furtherance whereof, notification was issued by the Central Government of India in exercise of its powers conferred by Sec. 3 of Works of Defence Act, 1903 published in the Gazette of India, Sept. 17, 2005 imposing restrictions specified in Clause (c) of Sec. 7 all the land comprised in the area lying within a distance of approximately (218 yards) 200mts. from the crest of the outer parapet of the DRDE free from buildings and other obstruction.

(3.) It is urged that the DRDE is located at City Canter, Gwalior and the area spreads from just adjacent to the Accountant General Office Over Bridge till Taran Pushkar in length and Jiwaji University Gate till Basant Vihar in the width. It is contended that despite notification the maximum construction has taken place after the notification within the restricted periphery. It is urged that no steps were taken by the local administration including the Municipal Corporation, Gwalior and the officials of the DRDE in controlling and eradicating the breach. It is urged that as a result whereof not only that there is a violation of the statutory mandate by the Central Government, the entire DRDE is made vulnerable at the cost of national security which gets ex posited with unabated movements of population within the restricted zone. It is urged that the construction in restricted zone has not only posed the threat to national security but is also detrimental to the revenue of the State/Centre as the same will cost towards compensation to be paid in terms of Sec. 12 of the Act of 1903. It is contended that since the representation given by the petitioner fell on deaf ears, has forced him to file this petition in public interest. Consequently, it is urged that all the functionaries of the Centre and State including the concerning department and the local body i.e. Municipal Corporation, Gwalior be directed to work in unison to keep the land i.e. 200mts. from the crest of the outer parapet of the DRDE free from buildings and other obstructions. And direct action against the officials/Authorities who acted in contravention to law.