JUDGMENT 1. - The petitioner, a retired officer of the Indian Air Force and practicing advocate of the Rajasthan High Court, has preferred this petition for writ to have a writ order or direction for respondent State of Rajasthan to remove illegal encroachments made in the forest land near Air Force Radar Station at Kaylana in District Jodhpur. 2. As per the petitioner, the Indian Air Force has established a Radar Station at Kaylana Hills in Jodhpur to keep vigil at entire western border of the country. It is submitted that at the time of establishment of Radar by the Air Foce in Kaylana Hills the entire area was not having any population and was quite an ideal location strategically, however, by the flux of time a good number of people are trying to enter into the area concerned due to development and expansion of the Jodhpur City. The Government of Rajasthan apprehending damage to the environment and ecology, declared the area concerned as reserve forest. Suffice to mention that a chunk of land from this area was set apart and was allotted to the Indian Air Force to continue with its activities affiliated with Radar. 3. The grievance of the petitioner is that several private persons have made encroachments in the forest area and i.e. adversely effecting environment, ecology and is also causing a threat to the security measures taken by the Indian Air Force. The Principal Chief Conservator of Forest, Van Bhawan, Jaipur, under a letter dated 6.8.2003 apprised the State Government about the encroachments made in the area concerned with names of officials responsible for negligence with a direction to the Chief Conservator of Forest, Jodhpur to initiate disciplinary action against such officials, but of no consequence. The petitioner pointed out certain encroachments made in the forest area including a Community Hall, certain temples and a 'Bhojanshala' near a religious place "Bheem-Bhadak". 4. In pursuant to the notice issued by this Court, a reply to the writ petition is preferred on behalf of the respondents No.1 to 5 with assertion that the Radar Station of Indian Air Force was constructed on the land measuring 202 bighas 10 biswas and the area concerned is under exclusive possession of the Indian Air Force. No complaint from the Air Force authorities is ever received about any illegal activities in the aforesaid area. No complaint from the Air Force authorities is ever received about any illegal activities in the aforesaid area. However, an inquiry was conducted about the encroachments said to be made in the forest and as per that certain encroachments were found. No complaint from the Air Force authorities is ever received about any illegal activities in the aforesaid area. However, an inquiry was conducted about the encroachments said to be made in the forest and as per that certain encroachments were found. The details of such encroachments is as under:- " 2- ou foHkkx dh pkSdh ls jMkj LVs'ku ds chp ekxZ ds nkSjku vkSj pkj iqjkus eafnj gS] ,d iqjk egy gS rFkk ,d jMkj dh pSd iksLV gSA 3- ou foHkkx dh pkSdh ls jMkj LVs'ku ds chp ekxZ esaa iM+us okys fofHkUu Hkouksa dk fooj.k fuEukuqlkj gS%& dz0la0 uke Hkou ou pkSdh ls nwjh [kljk ua0 ftlesa fLFkr gSa ekSds ij ekStwn fuekZ.k dk;Z fo'ks"k fooj.k 1 fo'oukFk egknso eafnj 300eh0 853 ,d eafnj iqtkjh ds jgus fy,] nks dejs e; cjkenk v)Z fufeZr] foHkkx }kjk rksM+h xbZ xkS'kkyk bl ifjlj esa guqeku th dh ,d fo'kky ewfrZ ou {ks= esa [kqys esa LFkkfir gSA 2 ioZrs'oj egknso 350 eh0 1847 ,d iqjkuk eafnj] ,d uo fufeZr lkeqnkf;d gkWy ;g eafnj dYyk lekt dh ifjlEifRr crk;k tkrk gS rFkk o"kZ 1998 esa fo/kk;d Jhefr lw;Zdkark O;kl }kjk vius fo/kk;d dksVs ls lkeqnkf;d gkWy dk fuekZ.k djk;k x;k gSA 3 jk/kkd`".k eafnj 350 eh0 853 ewy eafnj ds vkl ikl NksVs NksV dejs cus gq, gSA ;g eafnj ?kakph lekt dh lEifRr gS tks fd ioZrs'oj egknso ds fcYdqy lkeus lM+d ds cka;h vkSj gSA eafnj dk gky gh esa jaxkbZ iqrkbZ dl dj th.kksZ}kj djkuk izrhr gksrk gSA 4 ,;j QkslZ pkSdh 375 eh0 853 orZeku esa Hkkjrh; ok;q lsuk }kjk pkSdh ds mi;ksx gsrq LFkkbZ fuekZ.k dk;Z djk;k tk jgk gSA ;g fuekZ.k dk;Z izxfr ij ik;k x;kA 5 ,;j QkslZ ds xSjkt 400eh0 853 rhu xSjkt pkjksa vkSj ok;qlsu dh rkjcanh gSA 6 egy fctkSykbZ 400 eh0 847 iqjkuk egy th.kZ 'kh.kZ gkyr esaA 7 izkphu eafnj 650eh0 848 ,d ,uhdV pV~Vkuksa ds chp esa iqjkuk eafnj rFkk igkM+ ds mij xq: egkjkt ds /keZ iRuh dh lek/kh izkphu eafnjA mDr fooj.k ds fo'ys"k.k ls fuEu fLFkfr lkeus vkrh gS%& 1- ;|fi cM+k ou [k.M dks jf{kr ou ?kksf"kr djus dh izfdz;k izkjEHk dj nh xbZ gS] fdUrq bl ou [k.M esa fLFkr nsoLFkkuksa ds fy, fdruh Hkwfe fu/kkZfjr gS ;g fuf'pu ugha gSA 2- bl vfuf'prrk dk ykHk bu nso LFkkuksa dks laj{k.k nsus okys fofHkUu lekt mBk jgs gSA 3- ;|fi bu nso LFkkuksa ds vkl ikl tks Hkh uo fuekZ.k gq, gS mlesa fdlh O;fDr fo'ks"k dk LokFkZ fufgr ugha gS fdUrq ou {ks= esa bl izdkj dh lkoZtfud ifjlEifRr;ksa dk fuekZ.k fcuk l{ke Lohd`fr ds mfpr ugha gSA ekSds ij ekStwn eafnj ds iqtkfj;ksa ls iwNrkN djus ij mUgksaus voxr djk;k fd ;g lHkh eafnj tks/kiqj fj;klr ds iwoZ ujs'k dh lEifRr gS rFkk muds }kjk eafnj ds fy, muds 'kklu dky esa gh nh xbZ FkhA blh iqf"V ds fy, mu iqtkfj;ksa ds ikl fdlh izdkj ds fyf[kr nLrkost miyC/ko ugha FksA 4- ekSds ij ekStwn chtksykbZ egy ds laca/k esa eq>s voxr djk;k x;k fd ;g egy lnk ls gh tks/kiqj fj;klr ds HkwriwoZ ujs'k dh lEifRr jgk gS rFkk bl lEifRr ds fy, Hkh jkT; ljdkj rFkk tks/kiqj ds iwoZ ujs'k ds chp okn U;k;ky; esa fopkjk/khu gSA oSls ;g egy fdlh izdkj dk uo fuekZ.k ugha gSA 5- Hkhe HkM+d dk eafnj tks fdl iqjkuh f'kykvksa ds chp esa cuk gqvk gS mlds fudV uohu fuekZ.k djus ds iz;kl iwoZ ds le; esa fd;s x;s izrhr gksrs gSA fdUrq ou deZpkfj;ksa ds dFku ds vuqlkj ou fuekZ.k gksus ds le; gh foHkkx ds deZpkfj;ksa }kjk chp esa n[kyankth djds mUgsa :dok fn;k x;kA blls mDr eafnj dk izkd`frd Lo:i vHkh cuk gqvk gSA 6- orZeku es ,;j QkslZ ds jMkj LVs'ku rd tkus okys ekxZ rd ,d pSd iksLV dk fuekZ.k izxfr ij gSA bl pSd iksLV dk fuekZ.k jksM+ ckm.M~h ds Hkhrj djk;k tk jgk gS rFkk Hkkjrh; ok;q lsuk Lo;a bl fuekZ.k dk;Z dks lEikfnr dj jgh gSA fu"d"kZ% 1- orZeku esa ,;j QkslZ dh pkSdh ds vfrfjDr dksbZ fuekZ.k dk;Z izxfr ij ugha gSA 2- ekSds dh ifjfLFkfr;ksa dks ns[krs gq, mDr {ks= esa tks Hkh fuekZ.k dk;Z gq, gS muesa fdlh Hkh ou deZpkjh dh feyh Hkxr vFkok cnuh;fr Li"V ugha gksrh D;ksafd ;g lHkh fuekZ.k dk;Z lkoZtfud ifjlEifRr;ksa ds :i esa lEikfnr gq, gS rFkk ou deZpkfj;ksa }kjk le; & le; ij ,sls fuekZ.k dk;ksZ dks jksdus dh dk;Zokgh Hkh dh xbZ gSA tgka rd fuekZ.k dk;Z iqjkus gSA ;g dc fufeZr gq, bldk dksbZ vfHkys[k miyC/k ugha gSA dsoy ioZrs'ou egknso ds eafnj ds fudV lkeqnkf;d gkWy o"kZ 1998 esa cuk gSA pwafd ;g gkWy fo/kk;d dksVk ds vUrxZr fufeZr gqvk gS vr% bls jktdh; dk;Z ekurs gq, lacaf/kr ou dfeZ;ksa }kjk fdlh izdkj dh jksdFkke ugha dh xbZA 'ks"k Hkouksa dh iqrkbZ vkSj NksVh eksVh ejEer ds }kjk ft.kksZ}kj fd;k tkuk izrhr gksrk gSA 3- tgka rd bu fuekZ.k dk;ksZa dh ekStwnxh dk jk"V~h; lqj{kk ds fy, [krjk gksus dk iz'u gS] orZeku ifjfLFkfr;ksa esa ,slk izrhr ugha gksrk gS fd dksbZ jk"V~ fojks/kh rRo bu Hkouksa dk mi;ksx dj jgk gSA fdUrq mfpr jgsxk fd ;fn Hkkjrhg; ok;q lsok fdUgh dkj.ko'k bu fuekZ.k dk;ksZa dks jk"V~h; lqj{kk ds fy, [krjk gksus dk vuqHko djrs gS rks og vius Lrj ls bl {ks= esa lrdrkZ c<+k ldrh gSA mYys[kuh; gksxk fd ;g lHkh fuekZ.k dk;Z jMkj LVs'ku ds vfLrRo esa vkus ds mijkUr lEikfnr djk;s x;s gS vr% Hkkjrh; ok;q lsuk }kjk bu Hkouksa ds fuekZ.k ds le; vkifRr dh tk ldrh FkhA ;gka ;gk Hkh mYys[k fd;k tkuk mfpr gksxk fd ioZrs'ou eafnj ds fudV tks lkeqnkf;d Hkou iwoZ fo/kk;d Jhefr lw;Zdkar O;kl ds fo/kk;d dksVs ls fufeZr gqvk gS og jkT; ljdkj dh ifjlEifRr gS rFkk jkT; ljdkj vko';drk iM+us ij mDr Hkou dks lnk vius jktdh; mi;ksx esa yk ldrh gSA 5. A reply to the writ petition has also been filed on behalf of the respondent No.6 i.e. the Union of India through the Commanding Officer, 33 Signal Unit, Air Force c/o 56 APO. As per the reply filed on behalf of the respondent No.6 the Air Force is having no authority either to identify or stop the encroachments coming up in the periphery or near vicinity of the Air Force land. The Air Force Station, Kaylana is a prohibited area as per Section 3(3) of the Defence Act and an area of 100 meters from the boundary of Air Force Station, Kaylana is also an area prohibited. No construction by any private person or encroachment has been made in the prohibited area. However, the possibility of infiltration cannot be ruled out in view of the fact that several persons used to visit/reside at the temples and Community Hall constructed or already existing nearby the Air Force land. It is also submitted that neither the police nor any other civil agency is checking the visitors/residents of the area concerned. A need of extra vigilance in the area is emphasised by the force. 6. This Court by an order dated 23.1.2013 directed learned Additional Advocate General to submit Tehsildar's report disclosing complete topography of the area involved and the structures therein. The report called for was submitted on 15.4.2013. A further direction was given on 13.5.2013 to have a joint survey of the area by the authorised representatives of the respondents No.1 to 5 and the respondent No.6. The respondents were directed to identify and convey to each other the names of their representatives who would conduct the joint survey and further to submit a report to the Court by 24.5.2013. A joint survey report has not been submitted so far, however, "Counter Submissions on behalf of respondents in pursuance to Hon'ble Court's order" is placed on record on 29.5.2013. In the counter submissions aforesaid it is submitted that a joint survey was made in the year 2011 and as per the survey report the Indian Air Force is having possession of 35 bighas of land in excess. Learned Additional Advocate General during the court of arguments further pointed out the encroachments made by some "Jal Bhagirathi Foundation", near Bijolai and by certain other private persons close to the Government road connecting Kaylana Lake to the Air Force Radar area. 7. Learned Additional Advocate General during the court of arguments further pointed out the encroachments made by some "Jal Bhagirathi Foundation", near Bijolai and by certain other private persons close to the Government road connecting Kaylana Lake to the Air Force Radar area. 7. Suffice to mention that an application is also preferred on behalf of one Shri Shyam Lal Bhati son of Shri Anant Ram Bhati resident of 12, Kishore Sadan, Masooria, Sector-2, Pal Road, Jodhpur, to join the writ proceedings as respondent. It is submitted in the application that the applicant is a devotee and follower of "Hans Nirwan Sampraday" and is worshiper of Lord Shiva. He is also a Manager of Mahatma Sampurnanand Ashram, Bheem Bhadak. Mahatma Sampurnanand devoted his life at Bheem Bhadak as n ascetic and breathed last on 9.7.1991. Mahatma Sampurnanand in his life time created a trust in the name of "Mahatma Sampurnanand Ashram", Bheem Bhadak, Jodhpur. Bheem Bhadak, as per the applicant, is a religious place and is having a cave in the length of about 150 feet under a rock. The rock is existing since immemorial and in 18th century during the period of erstwhile ruler of Marwar Late Shri Takhat Singh necessary development of the cave took place and thereafter regular "Abhishek" of Lord Shiva is used to be performed by devotees. The temple aforesaid is situated in the forest area of Kaylana. As per the applicant the Air Force authorities and the Forest Department are creating unnecessary interference in open entry to the cave of Bheem Bhadak where Shiva temple is also situated. 8. On consideration of the facts stated above, the admitted position emerges out is that - 1. there are certain old temples in the forest area concerned; 2. a huge part of land measuring 202 bighas 10 biswas was allotted to Indian Air Force to establish its Radar to keep vigil at western border; 3. the area allotted to the Indian Air Force with an extension of 100 meters in its complete periphery is a prohibited area as per Section 3(3) of the Defence Act; 4. after declaration of the area concerned ("Bada Bhakhar Forest Area") as reserve forest, several encroachments were made by private persons and they also raised construction illegally; and 5. the Government of Rajasthan alleged encroachment over land about 35 bighas by Indian Air Force also. 9. after declaration of the area concerned ("Bada Bhakhar Forest Area") as reserve forest, several encroachments were made by private persons and they also raised construction illegally; and 5. the Government of Rajasthan alleged encroachment over land about 35 bighas by Indian Air Force also. 9. Having considered all these facts, we deem it appropriate to issue following directions to the respondents No.1 to 5 - 1. All necessary care should be taken for not having any further encroachment in the area concerned; 2. The commercial activities, if any, is going on within the forest area in contravention of law, then the same is required to be stopped forthwith; 3. All the encroachments and constructions made by private persons in the forest area after its declaration as reserve forest be removed expeditiously in accordance with law; 4. No person except the persons authorised by law shall be permitted to reside in the forest area concerned; 5. The respondents including the respondent No.6 are directed to provide a passage to the devotees to visit the temple situated at Bheem Bhadak during the day hours i.e. during the period of sunrise to sunset. The respondents shall be at liberty to take necessary measures to maintain security and safety of the Air Force area while granting such permission. 6. The Department of Forest, Government of Rajasthan and the Indian Air Force shall resolve their dispute about alleged encroachment of forest land by the Air Force. If any encroachment made by the Air Force is established, then the Air Force either shall vacate that area or shall take appropriate steps to get that regularised in accordance with law. 10. Necessary compliance report of the directions aforesaid is required to be submitted by the respondents on or before 16.08.2013.Put up on 19.08.2013. 11. We have also considered the application preferred by Shri Shyam Lal Bhati. We are of the considered opinion that even by accepting all the facts stated in the application he is not a party necessary to the proceedings, therefore, he cannot be permitted to join writ proceedings as respondent. However, looking to the fact that the instant one is a public interest litigation, a public spirited person can assist the Court in arriving at a just decision, therefore, we deem it appropriate to permit the applicant to participate in writ proceedings as an intervener.Petition Disposed of. *******