Ayodhya land issue: No construction in 14 villages adjoining firing range sans Army NoC, HC tells ADA
LUCKNOW The Lucknow bench of the Allahabad high court has directed the Ayodhya Development Authority (ADA) that no construction work will take place in the 14 villages adjoining the firing range in this district without a no-objection certificate (NoC) from the Army.
A division bench of Justice Rajan Roy and Justice Om Prakash Shukla passed the order on Monday on a suo motu PIL. Deputy solicitor general of India, SB Pandey, represented the union government in court. He was assisted by advocate Varun Pandey.
Colonel Nawal Joshi was present on behalf of the Army. The ADA was represented by its secretary Satendra Singh while special secretary, department of general administration, Zuhair Bin Sageer represented the state government.
During hearing of the case, Colonel Joshi apprised the court that these structures, which had come up in villages adjoining the firing range hindered the firing manoeuvres of the Army.
“Due to these structures, the use of area weapons has been limited and they are unable to conduct this exercise,” Joshi told the court. He also suggested dismantling of illegal structures in the 14 villages adjoining the 55-acre firing range.
The court observed: “We are, therefore, of the opinion that the best way to resolve the problem is to allow consideration of applications for sanction of map in this notified area by the Ayodhya Development Authority subject to no-objection certificates being granted by the Indian Army on case to case basis.”
“The court also pointed out that the Army will have to take a decision on an NoC within two months of receiving an application from the ADA,” said advocate Varun Pandey.
“As and when an application for sanction of map is submitted, it shall be processed. And if other parameters are satisfied, then the authority (ADA) shall communicate the application along with relevant annexures and requisite reports in this regard to the competent officials of the Indian Army at the district level,” said the court.
“Thereafter, the Indian Army shall take a decision in this regard at whatever level it is required to be taken, but, within specified time, which shall not be more than two months of receipt of such applications because such applications cannot be kept pending indefinitely,” the court added.
“If the NoC is granted by the Army, then, consequential orders would be passed by the ADA. If it is not granted, the same shall be communicated to the applicant concerned declining his application,” ordered the court.
During hearing of the case, the court also came to know that some constructions had already come up in 14 notified villages, added Pandey. They were notified under the Manoeuvres, Field Firing and Artillery Practice Act, 1938.
“It is also informed that some of the constructions, which have come up may not have a sanctioned map,” said the court.
“If it is so, then, it is for the officials concerned to look into the matter. And if the maps are sanctioned and constructions have come up, then it is a moot point as to how they can be demolished, if they are not otherwise illegal. We say no more on this aspect,” added the court.
On being asked, ADA secretary Satendra Singh, apprised the court that several structures including hotels, polytechnic and highway constructed by the NHAI, among others had come up in 14 notified villages adjoining the firing range. Colonel Joshi also suggested to dismantle all illegal structures in notified areas.
The ADA official also apprised the court that out of 14 villages, only one, Manjha Jamthara, was de-notified by the state government on May 30, 2024.
He also informed the court that no proposal for de-notification of the remaining 13 villages had been received from the district magistrate of Ayodhya. The court listed the case for next hearing in December.
