Supreme Court Suggests Use Of JAG Officers To Evict Private Encroachments On Defence Lands

In a PIL raising the issue of encroachment upon and unauthorized use of defence lands by private entities, the Supreme Court today noted that mutation of defense lands in state revenue records can be an effective step.

The Court also suggested that instead of relying on state officers, the Union may engage its own Judge Advocate General (JAG) branch officers, who are legally trained, for helping evict unauthorized occupiers of defence lands.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter. 

Advocate Prashant Bhushan, appearing for petitioner-Common Cause, recapitulated that the CAG had recommended recurrent audit and an independent regulator to prevent giving away of defense lands to private organizations.

On the other hand, Attorney General R Venkataramani placed on record an office memorandum constituting an Independent Committee. The AG further referred to a status report filed by the Union yesterday, highlighting inter-alia (i) initiatives taken for computerization of entire defense land including mutation thereof, (ii) defense lands encroached upon (iii) defense lands under unauthorized occupation of private entities (iv) establishment of independent regulator to manage these lands (v) issue of surplus land and (vi) action required to be taken against officials.

From the Union's status report, Justice Kant noted some of the steps that can address the issues, like Surakshi Bhumi software, real-time record management module, mutation of defense land in the state revenue records, etc. The judge emphasized that mutation of defense lands in state revenue records can be the "most important".

At this point, Bhushan expressed reservations, highlighting that in 2017, 87% defense land was stated to be mutated, and today, the figure is stated to be 85%.

"At present, nearly 2000 acres are encroached upon by private individuals. Additionally, 1500 acres are under unauthorized possession of agricultural lessees against whom eviction proceedings have been initiated. There are 17 lakh acres of defense lands in the country. They have responded about 75000 acres - that is - only 5%. They have dealt with only 5% of the defense lands. Defense lands are according to them about 17.5 lakh acres, out of which only about 1.6 lakh acres are within cantonments. 16 lakh acres are outside cantonments, according to their own statistics", Bhushan submitted.

Subsequently, Justice Kant orally suggested to the AG that instead of depending on state governments' Collectors or other officials to act as evicting authorities, the Union can notify its own officers, particularly legally-trained JAG officers, to do justice.

Interestingly, without naming, Justice Kant also briefly spoke about a place where "very affluent persons" have occupied a "prime defense land". The judge indicated to the AG that Additional Solicitor General Aishwarya Bhati is aware of the place being referred to. "The land could not be sold, because Cantonment Board is there...unless you have prior permission of the Board, you can't sell...but what the mischief done was that structure was sold...a palatial bungalow on 5-6 acres of land and then everything is occupied...", the judge recalled.

Case Title: COMMON CAUSE Versus UNION OF INDIA, W.P.(C) No. 204/2014 

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