Rajasthan High Court Directs Local Authorities To Demolish Illegal Structures Near Jodhpur Air Force, Army Installations

While hearing a Public Interest Litigation relating to illegal constructions within the restricted zones of installations of Indian Airforce and Indian Army in Jodhpur, Rajasthan High Court issued directions to the local authorities for corrective measures.

The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma opined that the petition raised questions of National Importance, and all permissions granted for constructions within the vicinity of the areas of the two organisations had to be in strict accordance with the notifications/guidelines by the Ministry of Defence/Central Government.

For context, the PIL was filed alleging that the local authorities were granting construction permissions in the restricted zones of the Indian Airforce and Indian Army, in violation of the prescribed guidelines/instructions by the Government.

The Additional Solicitor General submitted that the Central Government had filed additional affidavits that reflected certain lands in the restricted areas that were illegally encroached upon. It was stated that immediate action was required by the local authorities to remove such constructions.

After hearing the parties, the Court directed immediate steps to be taken for removal of such illegal constructions.

Further, the local authorities were directed to conduct survey in the area for identifying any such constructions in the restricted areas of the two entities that were in violation of the prescribed guidelines. It was held that in case any construction was found to be illegal, that must be removed in accordance with law.

The Court further opined that in future, if any construction permissions were granted by local authorities in the restricted areas, it should be granted in compliance with the law, and in appropriate cases, such permissions shall be granted after taking NOC from the Ministry of Defence/Central Government.

In relation to the layout plans already sanctioned by the local authorities, the Court held,

“…if the layout plan has been sanctioned by the local authorities, the construction permission(s) is/are strictly required to be issued after following the mandatory guidelines/instructions of the notifications issued by the Ministry of Defence/Central Government. If the local authorities find that the construction permission(s) have been issued in violation of mandatory guidelines/instructions of the notifications of the Ministry of Defence/Central Government, then such construction permission(s) should be cancelled.”

Accordingly, the petitions were disposed of with directions to the local authorities to complete the entire above-mentioned exercise within 3 months.

Title: Rohit Nayak & Anr. v Kailash & Ors.

Citation: 2026 LiveLaw (Raj) 174

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