The Supreme Court on Wednesday directed a high-powered independent committee to file its interim report within two weeks on the steps being taken to clear encroachments from defence lands across the country. The directive came after the Centre informed the court that several state governments, their entities, and others have encroached upon defence land and that efforts are underway to remove them.
A bench of Justices Surya Kant and Joymalya Bagchi passed the order while hearing a PIL filed in 2014 by NGO Common Cause, which sought a probe into the alleged encroachment and misuse of defence land nationwide.
Attorney General R Venkataramani told the bench that the committee, constituted by the Centre to oversee the removal process, has been visiting sites and identifying encroachments. However, he said the panel has been facing resistance in some areas, and court directions were needed to facilitate the process.
Advocate Prashant Bhushan, appearing for Common Cause, argued that the committee needs to operate at the micro level and reiterated the Comptroller and Auditor General’s recommendation for creating an independent regulatory body to address the issue.
The bench observed that any such body would still need the assistance of local revenue authorities and law enforcement agencies. Posting the matter for further hearing on November 10, the bench said, “Once the interim report is filed, we will see what directions can be issued.”
In an affidavit filed on July 30, the Centre revealed that out of 75,629 acres of defence land under the Defence Estates Organisation (DEO), 2,024 acres have been encroached upon by individuals. Another 1,575 acres are under unauthorised possession of former agricultural lessees.
Additionally, nearly 819 acres are occupied by state and central government departments and undertakings for public utility purposes such as roads, schools, parks, bus stands, and administrative use.
The affidavit explained that 52,899 acres of defence land lie within cantonments, while 22,730 acres are situated outside. Eviction proceedings have been initiated against unauthorised occupants, including former lessees.
The Centre informed the court that discussions are underway with concerned government authorities to explore land exchanges, wherein equivalent land parcels may be allotted to the Defence Ministry in lieu of occupied defence land.
To strengthen the process, the Directorate General Defence Estates (DGDE) has launched an encroachment module under its real-time record management system. This digital tool allows Defence Estates Officers and CEOs of cantonment boards to transparently report encroachment cases to designated officers.
Preventive measures include constructing boundary walls and fencing around vulnerable plots. The Defence Estates Organisation has reclaimed 1,715 acres of encroached land over the past decade, including 220 acres in the current year alone with the help of technology and local administration.
However, the affidavit highlighted operational hurdles such as lack of police and magistrate support, judicial stays, and procedural delays, which often slow down eviction proceedings.
On May 7, the Supreme Court had flagged irregularities in allotment of defence land to private entities, noting the existence of palatial bungalows and commercial complexes within certain cantonment areas, allegedly built in collusion with defence estate officers.
The PIL, filed in 2014, had also sought a CBI probe into the encroachment and misuse of defence land. The court has since been monitoring the issue closely.
