WG. CDR. K.K. SHAH Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2015-8-326
HIGH COURT OF RAJASTHAN
Decided on August 12,2015

Wg. Cdr. K.K. Shah Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

- (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 issued to 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 Force 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.
(3.) 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".;


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