SC flags irregularities in defence land allotment to pvt entities, mulls setting up probe team

New Delhi, The Supreme Court on Wednesday flagged irregularities in allotment of defence lands to private entities and mulled setting up a probe team.

A bench of Justices Surya Kant and N Kotiswar Singh without naming the cantonment areas, said in it palatial bungalows with an open space running into acres, a huge shopping complex, were built with the collusion of defence estate officers.

"We don't want to say much today as it will be premature to comment on the issue but in one particular cantt huge bungalows at very important locations, palatial houses with open land running into acres have been given for lease of 99 years or for an indefinite period," Justice Kant said.

The observation came while hearing a 2014 PIL filed by NGO Common Cause seeking probe into the alleged encroachment in defence lands across the country.

The bench said in some cases, the land was sold in collusion with the local registering authority, after getting some certificates "from here and there" for a few thousand rupees at a time when those properties even in 1990s were priced exorbitantly.

The top court told Additional Solicitor General Aishwarya Bhati, appearing for the Centre, it was not ready to buy the idea that it could happen without defence estate officers colluding.

"Some very influential people were involved in purchasing those properties. Then a friendly match was played in courts and unfortunately some courts including subordinate judiciary became party to it. Day and night declaration decrees were granted that the property is free from all encumbrances and vested in XYZ," Justice Kant said.

The judge shared since he had previously dealt with such issues, he was flagging concerns over the delay of 2-5 years in filing of appeals in higher courts.

"In one of the matters which is pending before the Supreme Court in which I have issued notice, there is a delay again running into two years. Idea is that when a matter comes, we dismiss it on the grounds of delay and there is a stamp by the court," the judge said.

The judge went on, "If this is not racket, then it is sheer negligence on the part of the higher authority, which may be due to preoccupation unable to understand the impact and consequences of what is happening in these cantonment areas."

Bhati offered to file a better affidavit on behalf of the Centre for the last one was filed in 2017 and developments, including automation of records, had happened since.

Advocate Prashant Bhushan, appearing for the NGO, said the Centre in its affidavit conceded about the encroachments in defence lands but gave contradictory figures.

Justice Kant pointed out to the ASG that in the 2017 affidavit the Centre took a stand to justify the grant of land to private entities like shops, construction workers in cantonment areas saying it was for the daily needs of military population.

"Now, if this is the stand you are taking in favour of them, then nothing will be probed. Then somebody will be justified to say to deploy any outsider agency to find out the truth. These are not small shops or anything we are talking about but the palatial bungalows, where there is no question of army officers staying. These properties have been declared private property and allowed to be renovated and converted into palatial houses. How it has happened, who has allowed it. It is all in the defence areas," the judge said.

Bhati was asked to take instructions on constituting a team other than of defence officers which would include a CAG representative, a member from legal and a land revenue expert aside from a member from the Ministry of Defence.

The proposed team, it said, could seek help of the local law officers as situation differed from cantonment to cantonment where often the language was vernacular.

"This is a very serious issue and sometimes it can be risky also. If you have granted land to some private entity. It is not in your hand and control to whom it is further transferred. There are various factors involved in it," the bench said.

Bhati was directed to file an updated status report in line with the July 11, 2017 order over automation of land records and other directions.

In 2014, the top court agreed to hear the PIL seeking CBI probe into alleged encroachment and misuse of defence land across the country.

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