Shivani Thakur
Published on: June 18, 2022 at 15:25 IST
While dismissing a Writ suit seeking directives to the Centre to open roads in cantonments, the Gujarat High Court made it clear that “ citizens cannot seek the same as a matter of right”.
Justice A.S. Supehia’s single-judge Bench stated that the Government Authorities have total discretion over whether or not to open or close the road that passes through the Defence area.
The Petitioner’s counsel claimed that the respondent defence authorities had stopped the route unapproved and illegally, making it difficult for the petitioners to get to their society / dwellings.
It was further submitted that the road, in question, which leads to their society has been illegally closed by the respondent authorities, without following the SoP.
Reliance was also placed on the provisions of Section 258 of the Cantonment Act, 2006, which pertains to the closing and opening of streets
The Court noted that the Division Bench had definitely decided that the aforementioned land falls within Class A-1 of the land classification system after reviewing the required provisions of the Cantonment Land Administrative Rules, 1937, and the nature of the land in question.
The Court found that the land was physically in the army’s possession, that none of the petitioners could demonstrate any right to the property of any kind, and that the army authorities had genuine security concerns.
The Court opined that neither the provision of Section 258 of the Cantonment Act nor the SoP of letter will apply to the land belonging to category A-1 of the defence land because the status of the land in which it falls has not changed for all these years.
The Petition was denied because the Court determined that remedy could not be granted as a matter of right.