Court mandates strict adherence to Ministry of Defence guidelines and directs local authorities to conduct a comprehensive survey to ensure compliance.
In a landmark decision on April 23, 2026, the Rajasthan High Court has directed local authorities to remove unauthorized constructions within restricted zones near defense installations, emphasizing the importance of national security. The division bench comprising Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma ruled in favor of a public interest litigation filed by Rohit Nayak and others against the Union of India, highlighting the need for strict compliance with guidelines issued by the Ministry of Defence and the Central Government.
The case, which consolidated several related petitions, focused on constructions near Indian Air Force and Army installations in Jodhpur's Khasra No.632 area. The petitioners argued that local authorities granted construction permissions in violation of defense guidelines, posing a security threat to vital installations. They demanded the quashing of various permissions and orders, and the declaration of certain areas as no-construction zones under the Works of Defence Act, 1903.
The court has ordered local authorities to undertake a detailed survey to identify unauthorized constructions, emphasizing that permissions must align with Ministry of Defence notifications. Any constructions found in violation are to be demolished, and future permissions are contingent upon obtaining No Objection Certificates (NOCs) from relevant defense authorities.
The Additional Solicitor General representing the Central Government supported the petitioners' claims, presenting evidence of encroachments and unauthorized constructions. The court stressed the urgency of action by local authorities to remove these encroachments and ensure compliance with defense guidelines to prevent any potential threats to national security.
The judgment mandates local authorities to complete the survey within three months and submit a compliance report by August 3, 2026. This ruling underscores the judiciary's role in safeguarding national security by ensuring adherence to defense protocols in sensitive zones.
Bottom line:-
Construction in restricted zones of defence installations requires strict adherence to guidelines and notifications issued by the Ministry of Defence/Central Government. Unauthorized constructions or permissions in violation of these guidelines must be removed or canceled.
Statutory provision(s): Works of Defence Act, 1903, Ministry of Defence/Central Government notifications.
Rohit Nayak v. Union of India, (Rajasthan)(DB) : Law Finder Doc id # 2894965
