SABAL SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In South Western area command the Air Force Station, Jaisalmer is an important Air Force Station of the Indian Air Force. The Government of India exercising its authority conferred by Sections 3 and 7 of the Works of Defence Act, 1903 (7 of 1903) (hereinafter referred to as 'the Act of 1903'), by notification dated 15.2.2007, came to be published in the Gazette of India dated 3.3.2007, imposed certain restrictions upon the use and enjoyment of land in the vicinity of the Air Force Station and installations. The lands in the vicinity of the Indian Air Force Stations were ordered to be kept free from buildings and other obstructions with the directions as under:-

(2.) The restriction for constructing no building or structure, plantation of tree etc. as given in clause (c) of the directions aforesaid were imposed for Air Force Station, Jaisalmer upto 100 900 meters. The Chief Administrative Officer of 41 Wing Air Force, Jaisalmer by a communication dated 6.8.2010 pointed out certain illegal mining activities in the vicinity of the Air Force Station, Jaisalmer and requested the Collector, Jaisalmer to have more vision within 2-3 kms. of area around the airfield to control illegal activities. The Chief Administrative Officer, 41 Wing Air Force, also apprehended potential harm to valuable national assets due to illegal activities. He further reiterated his cause before the District Collector, Jaisalmer by a communication dated 20.1.2011, relevant portion of that reads as under:-

(3.) The 41 Wing Air Force, by an other communication dated 8.3.2011 conveyed to the Collector, Jaisalmer that the Indian Air Force has lost few of its aero engines of fighter aircrafts due to mining/blasting in the close proximity of the airfield due to foreign objects thrown out from great distances in the form of small debris. It was also pointed out that the mining/blasting close to airfield is national security as well as a flight safety hazard. A request, thus, was made to take necessary care. As per the Air Force, the circumstances were enhancing vulnerability of its station due to sabotage and espionage.