- (1.) THIS Public Interest Litigation is filed for inviting attention of the Court to the alleged breaches committed of the directions issued in exercise of powers under sections 3 and 7 of the Works of Defence Act, 1903 (for short "the said Act of 1903"). The said Act of 1903 has been enacted for imposing restrictions upon the use and enjoyment of lands in the vicinity of Works of defence.
(2.) THE petitioners are the residents of city of Pune. There is an Aerodrome/Air Force Station established at village Lohegaon, Pune. According to the case made out in the petition, the said Air Force establishment at Pune gives coverage and protects the Oil rigs off Coast of Gujarat and Mumbai, the Bhabha Atomic Research Centre, Trombay at Mumbai, the Ammunition Factory at Kirkee, the National Defence Academy at Khadakvasala and various other important establishments in the region. The petitioners are relying upon the following notifications: "(a) Notification dated 4th July 1966 issued by the Ministry of Defence which was published in Government Gazette which according to the petitioners provides that no construction shall be made and no plantation of trees shall be made within 900 meters from the perimeter of Bomb Dump at Wagholi, Pune and Missile Installation at Viman Nagar, Pune. (b) Notification dated 1st October 1975 published in Government of India Gazette under sections 3 of the said Act of 1903 which puts restrictions on the use of land comprised in the area lying within a distance of 1000 yards from the crest of the outer parapet of the Bomb Dump of the Air Force Station at Pune. (c) Notification dated 5th January 1988 issued by the Ministry of Civil Aviation of the Government of India in exercise of powers conferred by Section 9 -A of the Aircraft Act, 1934 (for short "the said Act of 1934"). The said notification prevents construction of any structure and plantation of any tree within the distances specified in Annexure I to this notification in relation to the civil and Military Aerodromes incorporated in annexure III to this notification, from the funnels of the runway and from the runway strip. (d) Notification dated 22nd May 2001 issued by the Ministry of Defence in exercise of powers under sections 3 and 7 of the said Act of 1903. (e) Notification dated 14th February 2007 issued by the Government of India in exercise of powers under sections 3 and 7 of the said Act of 1903 which is published in Government Gazette on 3rd March 2007. The basic allegation made in the petition is that in violation of the aforesaid notifications, construction of multistoried buildings has been allowed to be made by the Pune Municipal Corporation and by the Authorities of the State. A prayer is made for issuing a writ of mandamus directing demolition of multistoried buildings constructed in violation of the aforesaid notifications.
(3.) WE have heard the learned counsel for the petitioners, the learned AGP for respondent Nos. 1, 2, 4 and 7, the learned counsel for the respondent Nos. 5 and 6, the learned counsel for the respondent No. 3 and the learned counsel for the respondent Nos. 8 to 10.;