SC issues notice to DGDE, Centre on PIL against defence land 'encroachment'

Land being used for commercial purposes by private parties, including several golf courses without paying dues to govt

The Supreme Court today issued notice to the Directorate General of Defence Estates (DGDE) and the government on a public interest petition (PIL ) moved by Common Cause seeking investigation into alleged encroachment into 2 lakh acres of defence land.

The land is being used for commercial purposes by private parties, including several golf courses without paying dues to the government.

The bench headed by Chief Justice P Sathasivam asked the government to respond to the allegations within four weeks, after hearing counsel Prashant Bhushan. The petition wants the land to be recovered and accountability for the lapses fixed. It also wants a policy to manage the use of defence land.

The Defence Ministry and the Railways are the largest land holders in the country, Bhushan said. In the case of defence land, it should be recovered from the encroachers and used for genuine public purposes.

The petition quotes the 35th performance audit report of the Comptroller and Auditor General to support its prayers. Elaborating the arguments, the petition stated that the Ministry of Defence holds 17.31 lakh acres, out of which approximately 1.57 lakh acres are situated within the 62 notified Cantonments and about 15.96 lakh acres are outside these Cantonments.

When these Cantonments and military stations were planned, they were usually far removed from the towns. With growing urbanization and consequent pressure on land, much of the Defence holding both inside and outside Cantonments is now prime real estate. 

The CAG has through a series of reports submitted on the issue pointed out glaring instances of irregularities and illegalities in the management of defence lands, resulting in huge losses to the public exchequer.

A Performance Audit was conducted by CAG relating to Ministry of Defence (Report No. 35 of 2010-11) covering a period of five years from 2004-05 to 2008-09. Some of the important findings of the Audit are:

* By applying the Ministry’s norms of 1991 to 39 existing stations, Audit found out excess land holding measuring 81,814.82 acres

* Large scale errors in the land calculation sheets made available by the LMAs (Local Military Authorities) and in the land records of DEOs (Defence Estate Officers) pertaining to A-1 lands

* Computerization of Defence land records under the project ‘Raksha Bhoomi’ is far from satisfactory

* There is unjustified delay in timely mutation of lands in favour of the Ministry. The period of acquired land awaiting mutation ranges from 1 year to over 60 years

 * The land audit cell of the office of the DGDE submitted its first report in September 1995 reflecting misutilization and non-utilization of Defence land and buildings. Army HQ, however, suggested to the Ministry to amend the land rules before continuation of land audit. While the Ministry did not formally discontinue land audit and asked DGDE in January 2002 to submit a report on the preliminary audit of Defence land holdings, DGDE allowed the mechanism of land audit to lapse;

 * Exploiting Defence land commercially crediting the revenue to Regimental Fund

* Increase in encroachment of defence land from 6,903 acres in January 1997 to 14,539.38 acres in July 2009  due to failure of DGDE, entrusted with its Management

* Unauthorized use of Defence land for Golf Courses and revenue generated from them credited to Regimental fund and not to Government account

* Dismal state of management of leases as there is no monitoring mechanism for timely renewal of leases