22nd July 2017
Complaint received from women in Ahmedabad regarding blocking a main road by the Army
क्या आप हमारी मदद कर सकते है
हमारी शिकायत को रक्षा मंत्री L&C DIR को भेजता है वो फिर Q&C DEPUTY DIR को भेजता है (Q&C) फिर DGDE और AHQ को भेजता है DGDEऔरAHQ आर्मी को भेजते है और आर्मी कहते है रक्षा मंत्री के पास जाओ हमारी शिकायत का मजाक उड़ाया जा रहा है सभी अफसर एक दूसरे को ट्रांसफर कर रहे है 2011से यही हो रहा है आखिर कब तक पब्लिक बर्दाश्त करे ?
महिलाओ की शिकायत का मजाक उड़ाया जा रहा है ७ साल से यही हो रहा है . लगता है किसी मंत्री या अफसर को बेटी है ही नहीं, एक बार रूबरू आकर अपनी बेटी को दिखाओ हमारा जंगल वाला रास्ता और फिर अपनी बेटी से कहो NIGHT को और दिन को इस रास्ते से जाकर दिखाए हमारी मज़बूरी को कोई नहीं समज रहा है हमको शोंक नहीं है बार बार चिठिया लिखने का और एमिल करने का रक्षा मंत्री जी
RAKSHA MANTRI, DELHI BY EMAIL 25/6/2017:
REF: MOD OFFICER COME HERE FOR VERIFICATION OF RESIDIANTS
COMPLAINS IN LMA’S VEHICLE . THEY CAPTURE PHOTOGRAPHS ALSO ( 10/3/2017)
Dear, This is to inform you that one of the officers from MOD had visited TP67 ROAD NEAR TAJ HOTEL HANSOL for verification in local military vehicle and clicked pictures. We were informed that we will receive a verification call from MOD from Delhi but we have not yet received any call. We doubt it is a deliberate effort to sabotage the process to open TP67 ROAD
Sub: Cantonments Act 2006 passed by Parliament of India after much debate and at great cost to the exchequer is not being followed by Ahmedabad Cantonment Board . Road closed by Army in violation of the Act Near Taj Hotel, Hansol, Ahmedabad continues to be closed despite repeated requests to Ahmedabad Cantonment Board and to local military authorities .
Ref: RM Office Pending Complaint IDs
- DO NO 3005/OSD/RM/2016
8 . 389/VIP/JAN/2017
- As far back as 01.04.1960 , when land in Hansol was first acquired byState Government for ARMY FAIMLY QUATERS use, the Addl Special Land Acquisition Officer Dist. Ahmedabad ordered in Case no. 1574 “As far as road and passage, they are advised to contact the Collector Ahmedabad and Military authorities and get the problem solved. This Report is available with DEO Ahmedabad.
- All this while the Army had been using the land acquired in1960 asa Firing Range. After Gujarat High court Case no . SCA 6029/99 the Home Minister of Gujarat, through Letter Dated 27/07/2001, ordered that “Having a look at the firing range and the development of the area, also considering the problems of the local people dismissal of firing range was ordered” (because according to the original land acquisition order the land had been given to army for accommodation of army officials and not for use as a firing range). This Report is available with DEO Ahmedabad and LMA in Ahmedabad.
The above road was blocked to civilians by local military authorities in2011 during School Board Exams. Since then , the alternate road which civilians are forced to use , is not safe for the ladies and the children in our area. Also aged people and the people suffering from ailments requiring check-ups and treatment at regular intervals, as well as pregnant women are facing many problems.
JUNGLE ROAD Alternate Road
VEGETABLE HAWKERS ARE REALLY COMING AND THEY TAKE HIGH RATES
AGED PEOPLE DOCTORS ARE NOT COMING FOR PHYSIO THERAPY PATIENT DUE TO LONG ROUTE
DOCTORS ARE NOT COMING FOR VISIT EMERGENCY PATIENT DUE TO LONG ROUTE
- through letter No VNM/152005/456/L/UDR-33 dated 23.10.2013, (HOME DEPARTMENT )the Additional Dr S K Nanda, the then Additional Chief Secretary Govt. of Gujarat, brought the problems of the people and thae inaction of LMA to the notice of Shri Radhakrishna Mathur, then Defence Secretary, Govt. of India and requested his personal intervention in resolving the issue
BUSES ARE COMING FROM PAKISTAN THAN WHY WE ARE NOT ALLOWING TO PASS THROUGH OUR ROUTE.
TO RAKSHA MANTRI FROM HANSOL LADIES POST
- We are continuously reporting our problems to the Defence Ministry and various departments under it, and havemade them aware of the entire sequence of events and of the documentation available with us. We have also been sending information on our problems to the PM office 2011.
- According to Sec 258 of CantonmentsAct2006 , only a CantonmentBoard may close a street in a Cantonment, and not any other authority. This point was also clarified in MOD Instructions No 4 ( 2)2015-D ( QC) issued on 7 January 2015. These instructions required all roads that were closed without following Sec 258 of Cantonments Act 2006 to be immediately reopened.
- As per reply No I/OS/RTI-2005/2014-15/22 dated 01.08.2014, received from CPIO (Admin), Ahmedabad Cantonment Board in response an RTI query, no proceeding under Section 258 was conducted by Ahmedabad Cantonment Board and no resolution for the closure of his road was ever passed in a Board Meeting of the Board.
- The Parliamentary Standing Committee on Defence had taken note of the road closure by local military authorities in Cantonments. In its 15th Report, presented to the Parliament in February 2016, the Standing Committee stated “It has been observed that roads and cantonment area are sometimes closed by senior officers of the Army in cantonment area . This leads to trouble to the public commuting through Cantonment area. The Committee understand the security of the country cannot be compromised and threat perception cannot be overlooked, but causing inconvenience to public at large without any such input is very disturbing. The committee feel that concept should be from security point of view, but when that degenerates into personal vanity, it becomes abhorable “.
The Action Taken Report of the Ministry of Defence , states, in Para 44, as follows: “‘The Ministry of Defence vide order dated 7th January, 2015 have issued directions to Service Headquarters and DGDE to ensure that no public road-(outside unit lines) in a Cantonment shall be closed by any authority other than the Cantonment Board, for any reason other than security, and without following procedure laid down u/s 258 of the Cantonments Act, 2006. It has inter-alia been decided that roads already closed without following the procedure as delineated in Section 258 of the Cantonments Act, 2006 shall be opened forthwith and closed again, if such closure is required after following the laid down procedure and obtaining the statutory approval.”
(Despite the Ministry’s Action reported to the Standing Committee, the result at ground level however is ZERO. The time has come for the Defence Standing commitee to take note and act swiftly and decisively to solve the problems of hapless civilians by getting theGovernment toa ctually act on its “Action Taken Report”).
in WA3549/97 ( AIR1998Kant300, ILR1998KAR2194 , 1998 ( 3 ) KarLJ 102), Karnataka High Court held that restrictions imposed by Army authorities on the access by civilians to certain roads in Belgaum Cantonment were unconstitutional and violative of the Right to Freedom of Movement enshrined in Article 19 ( 1 ) (d) of the Constitution of India. The High Court ordered the restrictions to be removed. While arriving at its judgment the HC also made the following observation: “The Indian Army cannot claim to be a distinct entity distinguishable from the Union of India. Nobody can say that Army Authorities are not the instrumentality of the State i.e., Union of India. The property belonging to the Army is the property of the Central Government, over which any citizen can maintain a petition if any of his fundamental right is infringed. Holding the Indian Army to be distinct entity would lead to dangerous consequences. Such a conclusion would result in giving a licence to various organs of the Union of India to claim independent and distinct rights in their favour . Such a tendency would be a great risk to the democratic institutions established and nourished in this country. The glory of the Indian Army is the pride of the people and the Central Government. No officer of the Army can usurp the sovereign functions by putting the limitations upon user of the property belonging to the Central Government.”
Recently Allahabad High Court has also ordered (see Court’s Judgment in WP ( C ) 38989/2014) roads closed by LMA in Mathura Cantonment to be reopened because the procedure of Section 258 was not followed. These roads were immediately reopened. This judgment may be seen at https://goo.gl/2Pz6S2. Army authorities in Mathura, and Mathura Cantonment Board are now following the procedure of Section 258. This can be seen in Agenda Item No 20 in the Minutes of a Mathura Cantonment Board meeting held on 23 May 2015 available here: https://goo.gl/9FWA1o. In a connected case, Allahabad High Court ordered that army authorities have no right to impose a pass system on morning walkers (https://goo.gl/GBMUvv).
- On 05.01.2016, addressing the Press after the Pathankot incident, the then Raksha Mantri Shri Manohar Parrikar also mentioned that roads leading up to as sensitive an installation as Pathankot Air Force Base were open to the public, and would remain open (https://www.youtube.com/ watch? v =1ofQyU8neBw).
It is clear from the above that the MOD’s orders of 07.01.2015 were issued to tackle the very same issue which is afflicting residents of Hansol in Ahmedabad. It is inexplicable then , as to why the MOD’s orders to reopen roads are not being followed in Hansol. This road continues to be closed to civilians, affecting innocent civilians.
Affected citizens have brought the matter to the notice of Hon’ble Raksha Mantri several times. The OSD to the Raksha Mantri acknowledged receipt of the citizen’s complaints through DO No 3005/OSD/RM/2016 dated 05.04.2016.
Having tried all options we now request the Standing Committee on Defence to ensure that the word given by the Government inits Action Taken Report does not remain only on paper but is actually honoured on the ground by reopening the closed road.
Awaiting your reply.
LEELABEN H RUPALA AND OTHERS LADIES
LADIES UNION TP67 HANSOL
C/O B/204 SATNAM RESIDENCY
B/H TAJ HOTEL NR AIRPORT CIRCLE
HANSOL AHMEDABAD 382475