JUDGEMENT
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(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:-
"(a) no building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 100 meters from the crest of the outer parapet of Indian Air Force Stations and Installations as given in the Annexure 'A' to this notification.
(b) no building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 900 meters from the crest of the outer parapet of Indian Air Force Stations and Installations as given in the Annexure 'B' to this Notification.
(c) no building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 100 meters from the crest of the outer parapet except that the limit of 100 meters will extend to 900 meters from and in line with the boundary of the bomb dump at Indian Air Force Stations and Installations as given in the Annexure 'C' to this notification.
(d) The restrictions imposed by the Government of India in the Ministry of Civil Aviation under Section 9A of the Aircraft Act, 1934 (22 of 1934), vide its notification number S.O. 988, dated the 5 th January, 1988 shall continue to be applicable to the Indian Air Force Aerodromes.
(e) For the purpose of this notification, the Air Officer Commanding or Commanding Officer of the concerned Indian Air Force Stations or Installations, as the case may be, shall provide all the relevant details including land holdings to the Collector for inclusion in the public notice to be given by him under sub-section (2) of Section 3 of the Works of Defence Act, 1903 (7 of 1903)."
(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:-
"2. It was intimated vide our ibid letter dated 06 Aug 10 that during patrolling by our security staff, it was noticed that illegal mining was going on near Girdhari Lal's farm (Moolsagar) and near Jetha Ram's farm (Moolsagar). BJP (Bhartiya Janta Party) District President, Jaisalmer Sh Hukam Singh Narawat has also informed us vide DO letter that illegal mining is going on near the technical area boundary perimeter which is not in the favour of national security.
3. During night flying aircraft circles the airfield at very low altitude before landing and thus they are more vulnerable to any ground interference. These elements would pose a serious threat to our aircraft during war time or during the period of high tension with our neighbors.
4. In view of the instructions available on the subject, strict vigil may be mounted at the location and carry out physical survey where illegal mining is reported to check the veracity of facts. Action taken on the same may please be intimated to contain illegal mining or such other activities within 900 meters of the airfield to guard our valuable assets."
(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.;
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