- (1.) THE petitioner, a retired officer of the Indian Air Force and practicing advocate of the Rajasthan High Court, has preferred this petition for writ to have a writ order or direction for respondent State of Rajasthan to remove illegal encroachments made in the forest land near Air Force Radar Station at Kaylana in District Jodhpur.
(2.) AS per the petitioner, the Indian Air Force has established a Radar Station at Kaylana Hills in Jodhpur to keep vigil at entire western border of the country. It is submitted that at the time of establishment of Radar by the Air Foce in Kaylana Hills the entire area was not having any population and was quite an ideal location strategically, however, by the flux of time a good number of people are trying to enter into the area concerned due to development and expansion of the Jodhpur City. The Government of Rajasthan apprehending damage to the environment and ecology, declared the area concerned as reserve forest. Suffice to mention that a chunk of land from this area was set apart and was allotted to the Indian Air Force to continue with its activities affiliated with Radar. The grievance of the petitioner is that several private persons have made encroachments in the forest area and i.e. adversely effecting environment, ecology and is also causing a threat to the security measures taken by the Indian Air Force. The Principal Chief Conservator of Forest, Van Bhawan, Jaipur, under a letter dated 6.8.2003 apprised the State Government about the encroachments made in the area concerned with names of officials responsible for negligence with a direction to the Chief Conservator of Forest, Jodhpur to initiate disciplinary action against such officials, but of no consequence. The petitioner pointed out certain encroachments made in the forest area including a Community Hall, certain temples and a 'Bhojanshala' near a religious place "Bheem-Bhadak".
(3.) IN pursuant to the notice issued by this Court, a reply to the writ petition is preferred on behalf of the respondents No.1 to 5 with assertion that the Radar Station of Indian Air Force was constructed on the land measuring 202 bighas 10 biswas and the area concerned is under exclusive possession of the Indian Air Force. No complaint from the Air Force authorities is ever received about any illegal activities in the aforesaid area. However, an inquiry was conducted about the encroachments said to be made in the forest and as per that certain encroachments were found. The details of such encroachments is as under:- [VERNACULAR TEXT OMMITED] A reply to the writ petition has also been filed on behalf of the respondent No.6 i.e. the Union of India through the Commanding Officer, 33 Signal Unit, Air Force c/o 56 APO. As per the reply filed on behalf of the respondent No.6 the Air Force is having no authority either to identify or stop the encroachments coming up in the periphery or near vicinity of the Air Force land. The Air Force Station, Kaylana is a prohibited area as per Section 3(3) of the Defence Act and an area of 100 meters from the boundary of Air Force Station, Kaylana is also an area prohibited. No construction by any private person or encroachment has been made in the prohibited area. However, the possibility of infiltration cannot be ruled out in view of the fact that several persons used to visit/reside at the temples and Community Hall constructed or already existing nearby the Air Force land. It is also submitted that neither the police nor any other civil agency is checking the visitors/residents of the area concerned. A need of extra vigilance in the area is emphasised by the force.;