- (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: "For testing armaments and ammunition. Central Proof Range was established in 1971 at Itarsi after acquiring land from the local inhabitants through the State government and paying to them compensation as decided by the land acquisition officer. The State government has also taken steps for rehabilitation of the uprooted tribals from this area through their development programmes. 328 * * * The perimeter has been fenced with barbed wire at some of the sensitive areas adjoining villages as fencing the entire perimeter is not possible. The range is 19.5 km long and 6 km wide. Security personnel have been posted permanently at strategic points and regular patrolling is undertaken by security parties to prevent unauthorised entry, particularly at the time of firing. Simultaneously, State government have also taken preventive measures to stop entry of unauthorised persons into the prohibited area. "
(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: "The villagers who go into the range area to collect the metal out of exploded ammunition as well as unexploded ammunition at the risk of their lives are apparently backed by certain organised groups who profit by the sale of the metal. Both the entry into the prohibited areas as well as sale of metal out of such collection are illegal acts. If any person gets injured or dies while doing an illegal act, he cannot claim compensation from the government for such activity or accident. Therefore, the immediate relief for monetary compensation to the families of those who die or get injured due to their own volunteered illegal act does not arise under any circumstances and such claim is not based on any principles of justice. ";