1 D.B.Civil Writ Petition (PIL) No.2298/2009 Gurmeet Singh & ors. V/s Union of India & ors. 2.4.2009 Hon'ble the Chief Justice Mr.Deepak Verma Hon'ble Mr.Justice N.P.Gupta Mr.P.P.Choudhary for the petitioners. Mr.Kuldeep Mathur for respondents no.1,2,3,7 & 8. Mr.R.S.Saluja for respondent no.6. Mr.G.R.Punia, Addl.Advocate General for respondent no.4. In this public interest litigation, petitioners are raising grievances with regard to alleged encroachment being made by the respondent- Air Officer Commanding, Air Force Station, Jodhpur on public road by raising boundary wall, thereby encroaching 25-30 ft., a public road. According to petitioners, there existed 120 ft. wide road from KV No.1, Air Force to the Air Force Station connecting several colonies situated on either side of it, namely, Central School Scheme, Arvind Nagar, Anjana Patel Nagar, Vidhya Park etc. It has further been contended that on the western side of the road, there exists commercial area adjacent to the road. Notices were directed to be issued to the respondents, returnable on 25.3.2009. Replies have been filed by respondents no.1,2,3,7 & 8 as one set, respondent no.4 District Collector, Jodhpur and respondent no.6 Municipal Corporation, Jodhpur. They all have said in one voice that Air Force Station, Jodhpur is neither encroaching on any public road nor is constructing boundary wall by encroaching public road. It is clearly pleaded that security fencing including technical and administrative 2 accommodation for No.8 Provost and Security (Unit) of the Indian Air Force at Jodhpur was sanctioned by the competent authority in Sept.1981 and accordingly, the work was completed in the year 1983. Copy of the letter of 17.9.1981 has been annexed as Annex.R/1. According to them, in the month of June, 2008, Government of India, Ministry of Defence had issued sanction for construction of perimeter wall at Air Force Station, Jodhpur. On receipt of Government sanction, the perimeter wall is being constructed as security fencing existed which was erected in Sept.1981. It has further been contended by respondents that 25 bighas in Khasra no.795/685 was physically measured by the District Revenue Officials alongwith representative from Defence Estate Officer, Jodhpur, in which 15 bighas of land was found in physical possession of Air Force and rest of 10 bighas was occupied by road and other populated areas. They have therefore, contended that in place of the fencing, which existed earlier, they are constructing the boundary wall. A rejoinder to this reply was filed and significantly it was categorically admitted therein as under:- “It is stated in the reply that the Air Force Provost Headquarter (No.8 Provost and Security Unit) was established and barbed fence was erected in the year 1981. It is true but it goes without saying that it was done without any proper demarcation of the land by the revenue authorities.............” The District Collector, Jodhpur-respondent no.4 in his reply has submitted that present 3 location of the Air Force Station is in Khasra no.670 and Khasra no. 670/1 measuring 40.04 bighas and Khasra no.670/2 measuring 0.10 bighas, as recorded in the name of Defence in the Jamabandi and Khasra no.670 measuring 154.12 bighas is recorded as Government land in the Jamabandi. Annex.R/4/1 is the report of the Tehsildar, Jodhpur dated 1.4.2009. The Tehsildar has reported that there is no settlement map available in the record. The land under occupation of the Air Force Station was surveyed in 2007 under the orders of the Collector, Jodhpur and on the basis of the occupation of the land of the Air Force Station, map was prepared. According to him, Khasra no.670/1 is having an area of 40.04 bighas and Khasra no.670/2 is having 0.10 bighas of land in the name of Defence and Khasra no.670 having area of 154.12 bigha, is recorded as Government land. The Municipal Corporation, Jodhpur-respondent no.6 has replied that pursuant to the directions of the Court, Assistant Engineer of Municipal Corporation had visited the site and took measurement. According to the measurement taken, he has found that Air Force Station is raising construction of boundary wall within 25 bighas of land allotted to it. The map produced by the said Assistant Engineer has been filed by respondent no.6 as Annex.R/6/1. It has further been noted in his report that even though the proposed width from Gaurav Path is 120 ft. but at some places, the width is fluctuating. 4 From the documents available on record, it is neither reflected nor established that while constructing the boundary wall, Air Force Station, Jodhpur is encroaching on public road. Rather from the pleadings referred to above, it is clear that admittedly the Air Force Provost Headquarter was established and barbed fencing was erected in 1981. According to respondents no.1,2,3,7 and 8, the wall is being constructed at the same place where the barbed fencing existed since inception. It was sought to be contended by learned counsel for the petitioners on the basis of the interim reply filed on behalf of respondent no.4 wherein a dispute has been raised supporting the case of the petitioners about title of the land to be vesting in the other respondents. It will suffice to say that this public interest litigation is not available for settling that dispute, moreso, when as found above, the barbed fencing existed since inception i.e. 1981, at which very place for security reasons, the boundary wall is being erected. In the light of the aforesaid, we are of the considered opinion that no case has been made out for issuance of writ in favour of the petitioners. Apart from the above, it is also to be seen that petitioners have raised several disputed questions of fact, which cannot be gone into in this writ petition, which is filed in the nature of public interest litigation. 5 However, the petitioners, if they are so advised, can go to civil court for grant of relief, that may be permissible to be granted to them in accordance with law, but in this writ petition, there is no merit or substance. It is accordingly dismissed as such. (N.P.Gupta)J. (Deepak Verma)CJ Parmar