ORDER SANJAY YADAV, J. – The petitioner has filed this petition in public interest for removal of construction within the periphery of 200mts. of the Defence Research Development Establishment, a department of Defence Research Development Organization, Ministry of Defence, Government of India. 2. It is contended that the DRDO was established with a vision to make India self-sufficient for establishing world class Science and Technology base and provide to defence services of the country a decisive edge by equipping them with internationally competitive defence systems and solutions. It is urged that the mission of DRDO is to design, develop and to lead to produce State of art sensors, weapon systems, platforms and allied equipments for country’s defence services. Provide technical solution to the defence services to optimize combat effectiveness and to promote amongst the troops their well being through quality infrastructure development including manpower with the help of technology. It is urged that the DRDE was established in the city of Gwalior in the year 1963. With its establishment, it is urged, certain measures were adhered to, to keep it safe and inhabited. In furtherance whereof, notification was issued by the Central Government of India in exercise of its powers conferred by section 3 of Works of Defence Act, 1903 published in the Gazette of India, September 17, 2005 imposing restrictions specified in Clause (c) of section 7 all the land comprised in the area lying within a distance of approximately (218 yards) 200mts. from the crest of the outer parapet of the DRDE free from buildings and other obstruction. 3. It is urged that the DRDE is located at City Center, Gwalior and the area spreads from just adjacent to the Accountant General Office Over Bridge till Taran Pushkar in length and Jiwaji University Gate till Basant Vihar in the width. It is contended that despite notification the maximum construction has taken place after the notification within the restricted periphery. It is urged that no steps were taken by the local administration including the Municipal Corporation, Gwalior and the officials of the DRDE in controlling and eradicating the breach. It is urged that as a result whereof not only that there is a violation of the statutory mandate by the Central Government, the entire DRDE is made vulnerable at the cost of national security which gets exposited with unabated movements of population within the restricted zone. It is urged that as a result whereof not only that there is a violation of the statutory mandate by the Central Government, the entire DRDE is made vulnerable at the cost of national security which gets exposited with unabated movements of population within the restricted zone. It is urged that the construction in restricted zone has not only posed the threat to national security but is also detrimental to the revenue of the State/Centre as the same will cost towards compensation to be paid in terms of section 12 of the Act of 1903. It is contended that since the representation given by the petitioner fell on deaf ears, has forced him to file this petition in public interest. Consequently, it is urged that all the functionaries of the Centre and State including the concerning department and the local body i.e. Municipal Corporation, Gwalior be directed to work in unison to keep the land i.e. 200mts. from the crest of the outer parapet of the DRDE free from buildings and other obstructions. And direct action against the officials/Authorities who acted in contravention to law. 4. Union of India and the Defence Research Development Organization and establishment have supported the contention raised on behalf of the petitioner. In its short reply filed on 16-11-2016 that subject notification was issued imposing certain restrictions. And though the local authorities including the Municipal Corporation are bound by same; however, no effective steps have been taken by these authorities and local body to restrict and eradicate the construction activities. Furthermore, while responding to documents filed vide I. A. No. 4086/2017, the DRDE through its Officer In-charge filed an affidavit on 26-7-2017 stating therein that Government of India issued a guideline on 21-10-2016 vide letter No. F-11026/2/2011/D (lands) for issue of No Objection Certificate for building construction whereon the matter was referred to the Directorate (lands) Ministry of Defence, New Delhi on 29-6-2017, whereby the clarification was sought as to whether the establishment notified under the Works of Defence Act, 1903 are affected by the said guidelines. It is urged that responding to the communication it is informed by letter dated 10-7-2017 stating therein that the guidelines issued on 21-10-2016 are not applicable in the case of DRDO/DRDE. It is urged that responding to the communication it is informed by letter dated 10-7-2017 stating therein that the guidelines issued on 21-10-2016 are not applicable in the case of DRDO/DRDE. Furthermore, referring to the documents filed along with I. A. No. 1455/2018, it is urged by learned Assistant Solicitor General that the Collector, Gwalior was informed by the communication No. DRDE/WKS/2501/04-05/Gen dt. 20-7-2012 to not to allow any construction of buildings/structures and to intervene in preventing the construction activities within specified corridor of 200mts. around the compound wall. It is contended that similar letter was written to the Commissioner, Municipal Corporation, Gwalior on 6-8-2012 to abide by the notification dated 17-9-2005. That reminders were sent to these Authorities on 9-4-2013, 30-4-2013, 27-5-2013, 14-3-2014, 18-3-2014, 10-4-2014, 11-4-2014, 13-5-2015 and 11-12-2015. These letters and reminders, it is urged, fell on deaf ears and the Authorities did not take any effective steps. Claiming the relief sought by the petitioner it is urged on behalf of the Union of India and the DRDO/DRDE to direct the Authorities of the State and the Municipal Corporation, Gwalior to remove the buildings and structures within the 200mts. from the crest of the outer parapet of the DRDE. 5. The State of Madhya Pradesh and its functionaries have filed short reply on 11-7-2016; whereby while not disputing the effect and impact of the notification dated 17-9-2015 it is urged that the authorities of the State have made aware the Commissioner, Municipal Corporation, Gwalior and has instructed to follow the same. It is urged that it is for the Municipal Corporation, Gwalior to take steps to abide by the Rules, Guidelines and Notifications issued from time to time. 6. Municipal Corporation, Gwalior on their turn, at the outset, states that they are not supporting any illegality. Though, initially an attempt was made by its counsel stating that the notification dated 17-9-2005 when tested on the anvil of section 2(f) and section 3 of 1903 Act being a dead letter led the Municipal Corporation, Gwalior to continue to grant permission within the periphery of 200mts. Though, initially an attempt was made by its counsel stating that the notification dated 17-9-2005 when tested on the anvil of section 2(f) and section 3 of 1903 Act being a dead letter led the Municipal Corporation, Gwalior to continue to grant permission within the periphery of 200mts. However, when called upon to show that whether the Municipal Corporation, Gwalior has taken such stand on the affidavit, learned counsel for the Corporation stating that no affidavit to that effect is filed, nor the Municipal Corporation, Gwalior intends to file such affidavit, retracts the submission that the notification dated 17-9-2005 is a dead letter. In a short return filed on 19-7-2017, it is urged that the Union Government after considering the representation of various stakeholders has comprehensively revised the guidelines on 21-10-2016. It is urged that all the areas irrespective of the Act of 1903 has been divided into two classes; one class has been fixed in Part-A of the Annexure appended with the guidelines and another is included in Part-B. It is urged that as per new guidelines all the areas which are mentioned in Part-A of the Annexure have restricted zone upto 10mts.from the outer wall of the DRDE which is situated in Mahalgaon. It is urged that the mention of defence establishment in Annexure-A finds mention at Serial No. 26. It is urged that since the restricted area has been reduced to 10 mts., various buildings of Municipal Corporation are situated beyond the restricted zone of 10mts. The Municipal Corporation, Gwalior filed additional reply on 14-2-2018 whereby it has adverted on the circular dated 7-6-2011, 21-10-2016 to bring home the submission that with the issuance of these circulars, the notification dated 17-9-2005 has been materially revised as would have any adverse consequences on the construction of buildings and other infrastructures within 200mts. from the crest of the outer parapet of the DRDE, unless if they are within 10mts. periphery. Further additional facts are brought on record vide I. A. No. 2178/2018 whereby while admitting the fact that notification 2005 (dated 17-9-2005) was applicable in DRDE and the restricted area for construction was 200mts. However, the Mayor, Municipal Corporation Gwalior, along with the Minister, Steel and Mines, and the then Minister of defence got the area inspected whereon certain assurance was given. Acting thereon, it is urged that Mayor, Municipal Corporation, Gwalior, submitted a representation on 17-7-2015 and 23-7-2016. However, the Mayor, Municipal Corporation Gwalior, along with the Minister, Steel and Mines, and the then Minister of defence got the area inspected whereon certain assurance was given. Acting thereon, it is urged that Mayor, Municipal Corporation, Gwalior, submitted a representation on 17-7-2015 and 23-7-2016. Similar representation was given by the Minister of Steel and Mines, Government of India on 30-7-2015 for reducing the restricted area from 200mts. to 10 to 15mts. from the crest of the outer parapet of the DRDE. It is contended that revised guideline was issued on 21-10-2016 by the Director General of Defence Estate who is the custodian of defence lands of restricting the construction of building and other structures from 200mts. to 10mts. It is contended that further classification has been sought by the Municipal Corporation, Gwalior as to whether the expression “Army” would include the “DRDE”, it is urged that reply is awaited. Thus in nutshell the stand of the Municipal Corporation, Gwalior is that though their exist a restriction of construction of building or any structure within 200mts. from the crest of the outer parapet of DRDE; however, efforts are made to get the same reduced to 10-15mts. Pertinently, the respondent Corporation has not justified their inaction to remove the structures within said periphery, nor have justified their act in granting permission for raising constructions within 200mts periphery. 7. On behalf of the intervenors in I. A. No. 2101/2017, I. A. No. 4086/2017 and I. A. No. 4196/2018, it is urged by learned Senior Counsel that since the notification dated 17-9-2005 has been issued under the Act of 1903, the same can be made applicable only when the entire scheme of the Act of 1903 is implemented. For the intervenor in I. A. No. 2101/2017, it is urged that as part of land admeasuring 6300 square feet of Survey Nos. 935 and 936 at village Mahalgaon comes within the restricted area of 200mts he requested for the compliance of the stipulations contained in the Act of 1903. It is stated that the DRDE itself is not interested in strictly implementing the restrictions. It has constructed some residential complex within the vicinity. It is urged that since DRDE is located in populated area, direction may be issued to shift the same outside the city. It is stated that the DRDE itself is not interested in strictly implementing the restrictions. It has constructed some residential complex within the vicinity. It is urged that since DRDE is located in populated area, direction may be issued to shift the same outside the city. In respect of I.A. No. 4086/2017, learned Senior Counsel adopts the submissions made on behalf of the Municipal Corporation, Gwalior that the Central Government has modified the guidelines on 21-10-2016 and have reduced the area of restriction from 200mts to 10mts. In support of I.A. No. 4196/2018, it is submitted by learned Senior Counsel that the land was purchased on 20-4-1982 and with prior permission of Gwalior Development Authority, the construction was raised. Learned Senior Counsel however failed to establish the authority in Gwalior Development Authority to grant sanction. Evidently, the construction raised by this intervenor is without prior sanction from the Municipal Corporation, Gwalior. 8. On behalf of the intervenors in I.A. No. 4891/2018, in addition to the submissions made on behalf of the intervenors in I.A. No. 2109/2017, it is urged that no public interest is involved and unless entire scheme as provided in the Act of 1903 is implemented, the restriction imposed vide notification dated 17-9-2005 cannot be acted upon. Adverting to various constructions spread over different years, it is urged that similar parameter cannot be adopted, but have to be adjudged on different pedestal, in other words, it is urged that the constructions of pre-notification era has to be differently dwelt with the construction raised after notification. It is urged that even constructions after the notification are of three types; one having sanction and another without any sanction. Whereas, the third types are those wherein the Institutions such as Municipal Corporation, Jiwaji University and the State Government have raised the constructions after the notification and despite interim order dated 19-11-2015, whereby the Union of India, State of Madhya Pradesh and Municipal Corporation, Gwalior were directed to ensue that no construction is carried out contrary to the statutory provisions contained in the work of Defence Act, 1903. It is urged that if the establishments like Municipal Corporation Gwalior, Jiwaji University and State of Madhya Pradesh have committed the breach, they must be dwelt with in accordance with law. 9. It is urged that if the establishments like Municipal Corporation Gwalior, Jiwaji University and State of Madhya Pradesh have committed the breach, they must be dwelt with in accordance with law. 9. Similar submissions were made by learned counsel appearing for the intervenors in I.A. No. 2109/2017, I.A. No. 68/2019, I.A. No. 69/2019 and the intervenor in I.A. No. 5321/2017, who appeared in person. 10. At this stage, opportune it would be to take note of the fact as to the buildings/ structures which exist within the periphery of 200mts. Firstly, by order dated 26-7-2018 on the request made by the Commissioner, Municipal Corporation, Gwalior for scientific measurement of the entire area, Collector, Gwalior was directed to render assistance to the functionaries of Municipal Corporation, Gwalior for the scientific measurement which was carried out by a team comprising Revenue Inspector and Patwari of three wards, viz, wards No. 11, 13 and 14 in which entire area is situated by using total Station Machine and prepared the map which is brought on record vide I.A. No. 666/2019 filed on 15-2-2019. 11. It is further pertinent to note that in compliance to order dated 23-7-2018, the respondent Municipal Corporation, Gwalior furnished the list of buildings and structures within the periphery of 200mts with the details as to the date of their construction, as documents C/1, C/2 and C/3. 12. Document No. C/1 comprises of those Government buildings which existed prior to notification dated 17-9-2005 which are 29 in number. It is however borne out from the list that certain constructions mainly by the Municipal Corporation, Gwalior, and the State of Madhya Pradesh is done after the notification dated 17-9-2005. Whereas, document No. C/2 comprises of the structures constructed prior and after notification dated 17-9-2005 with the permission from the Municipal Corporation, Gwalior, these are 54 in number. That document No. C/3 contains description of 51 constructions which are raised without any sanction or authority. These three lists i.e. C/1, C/2 and C/3 are reproduced for ready reference : – Information of Govt. Buildings S.No. Particular and Address of Govt. That document No. C/3 contains description of 51 constructions which are raised without any sanction or authority. These three lists i.e. C/1, C/2 and C/3 are reproduced for ready reference : – Information of Govt. Buildings S.No. Particular and Address of Govt. Building Area No. Ward No. Area of property Situation / use of spot Year of Construct ion Survey No Remark 1 Bungalow of Mayor, Municipal Corporation Gwalior City Center 11 30 - Ground Floor Building 1993 561, Mahalgaon Allotted to Respect ed Mayor Sir (Part of Boundary) 2 Bungalow No. 44, old Jhansi Road Gwalior 11 30 544. 50 sq.m tr. Residential 1953 480, Mahalgaon Guest House of District and Session Court 3 Bungalow No. 44 A old Jhansi Road Gwalior 11 30 210. 91 sq.m tr. Residential 1952 480, Mahalgaon Shri Jaibhan Singh Pawaiya, Hon’ble Cabinet Minister, Govt. Of M.P 4 Bungalow No. 44 B old Jhansi Road Gwalior 11 30 200. 50 sq.m tr. Residential 1961 480, Mahalgaon Shri N.K. Sexena, Principal Registrar of Hon’ble High Court 5 Bungalow No. 45 old, Jhansi Road Gwalior 11 30 145. 30 sq.m tr. Residential 1953 481, Mahalgaon Shri Rinkesh Vaishya, Addititonal Commissioner Municipal Corporation 6 Bungalow No. 46 old Jhansi Road Gwalior 11 30 145. 30 sq.m tr. Residential 1953 481, Mahalgaon Shri Rajeev Pandey R.E.S.A .E. 7 Bungalow No. 47 old Jhansi Road Gwalior 11 30 182. 36 sq.m tr. Residential 1953 481, Mahalgaon Shri V.P. Singh Hon'ble Sessions Judge 8 Bungalow No. 48 old Jhansi Road Gwalior 11 30 182. 36 sq.m tr. Residential 1953 481, Mahalgaon Shri V.P. Singh Hon'ble Session Judge 9 Bungalow No. 48 A old, Jhansi Road Gwalior 11 30 196. 50 sq.mt Residential 1961 481, Mahalgaon Shri G.S. Saluja of Hon'ble Family Court 10 Office of Indian Fertilizer Corporation, Old Jhansi Road Gwalior 11 30 2114 75 sq.feet. 36 sq.m tr. Residential 1953 481, Mahalgaon Shri V.P. Singh Hon'ble Session Judge 9 Bungalow No. 48 A old, Jhansi Road Gwalior 11 30 196. 50 sq.mt Residential 1961 481, Mahalgaon Shri G.S. Saluja of Hon'ble Family Court 10 Office of Indian Fertilizer Corporation, Old Jhansi Road Gwalior 11 30 2114 75 sq.feet. Godown and building 1970 480, 481 Mahalgaon - 11 Workshop Municipal Corporation Office, Old Jhansi Road Gwalior 11 30 Temporary Construction 1998 934, Mahalgaon 12 Chhatrapati Shivaji park, Near A.G. office Bridge, City Center 11 30 Park 1990 707,709, 710 Mahalgaon 13 Office of Hindi Language, Study Center, Near A.G. Office Bridge, City Center 11 30 Ground and First Floor Building 2002 707, 709 Mahalgaon 14 Regional Health and Family Welfare Training Center Near A.G. Office Bridge, City Centre 11 30 Building 1985 705,706, 707 Mahalgaon Office, Hostel, Motor Garage 15 District Trade and Industry Centre, Near A.G. Office Bridge, City Centre 11 30 Ground and First Floor Building 1981-82 707, 709 Mahalgaon Office of Industry Departm ent 16 School of Studies, Manegment, Madhavrao Scindhia Marg, City Centre 11 30 Ground and First Floor Building 1994 707,709 Mahalgaon Educational Institution 17 State Health Management and Communication Institution, Scindhia Marg City Centre 11 30 Ground and First Floor Building 1994 707,709 Mahalgaon Administrative Building, Hostel 18 Colony of Health Department, Madhavrao Schindhia Marg City Centre 11 30 2937 09 Squr e feet Ground and First Floor Building 1994 707,709 Mahalgaon Total 45 Quarters 19 Traffic Premises, Traffic Police Station Madhavrao Schindia Marg City Centre 11 30 Ground Floor 1986 707,709 Mahalgaon Police Station Traffic 20 Crime Investigation Department, C.I.D., Juvenile Assistance Centre, Madhavrao Scindhia Marg City Centre 11 30 205.06 Squre Metre Ground and First Floor Building 2004 707,709 Mahalgaon Office of C.I.D. 21 Sanjeevani Ayurvedic Medicine, (Forest Department) Madhavrao Scindhia Marg City Centre 11 30 5.35 3 Hectare Ground and First Floor Building 1980 705 Mahalgaon Ayurvedic Dispensary 22 Bal Bhawan, Municipal Corporation City Centre Gwalior 11 30 Ground and First Floor Building 1986 481, Mahalgaon Bal Bhawan 23 Bamboo Restaurant, Municipal Corporation City Centre Gwalior 11 30 Ground and First Floor Building 2013 561, Mahalgaon Restaurant 24 Office of Fire Brigade (Stadium) City Centre 11 30 Ground Floor 1995 700 Mahalgaon Fire Department 25 Electricity Department (Stadium) Municipal Corporation Gwalior City Centre 11 30 Ground Floor 1995 700 Mahalgaon Electricity Department 26 Sports Club, Municipal Corporation City Centre Gwalior 11 30 Ground Floor 2016 700 Mahalgaon Indoor Sport Premise s 27 Taran Puskar Municipal Corporation City Centre Gwalior 11 30 Ground and First Floor Building 1990-91 700 Mahalgaon Swimming pool 28 Head Quarter of Municipal Corporation City Centre Gwalior 11 30 Ground and First Floor Building 2012 700 Mahalgaon Head Quarter of Municipal Corporation 29 Roop Singh Stadium 11 30 Ground Floor 1973 561, Mahalgaon Premises of International Sport Cricket 30 Forensic Lab 11 30 5000 Squre metre Ground Floor 1995 699 Mahalgaon Regional Forensic Lab 31 Building of A.G. Office, Jhansi Road 13 58 2000 00 squre feet 1000 Government office 1980 Mahalgaon 32 A.G.Office Bridge, Jhansi Road 13 58 00 Squre feet Government Bridge 1993 Village Mahalgaon 33 Railway Line 13 58 5000 00 squre feet Government Railway Line 1980 Village Mahalgaon 34 Tourism Building, Jiwaji University 14 29 6300 2005 Village Mahalgaon Survey No. 931/2 35 Employees Residence, C-5 to 8, Jiwaji University 14 29 156 1970 Village Mahalgaon Survey No. 931/2 36 Employees Residence, C-09 to 12, Jiwaji University 14 29 170 1993 Village Mahalgaon Survey No. 931/2 37 Tennis Court Ground, Department of Sports and youth welfare M.P. 14 29 5146.82, Constructed 115. 00 Play Ground 2010 Village Mahalgaon, Village Survey No. 931/2 Information of Govt. Buildings (With Permission) S.N o. Particular and Address of Govt. Building Area No. Ward No. Case No. Sanction No./Date Area of Property Situation/Use of Spot Survey No. Remark 1 Hem Singh/Naryan Singh Madhavrao Scindhia Marg City Centre 11 30 802/2007/3/3 18.01.08 60079. 55 sqm B+G+ 2st Floor is constructed Kotak Mahindra Bank is Running on Ground Floor 2 Charanjeet Nagpal (Hero Honda Showroom) Madhavrao Scindhia Marg City Centre 11 30 1010/99/3/3 27.11.99 24.38x 24.38 sqm B+G+ M+1st Floor is constructed Hero Motor Cycle Showroom is running 3 Munna Yadav/Puran Singh Yadav (Raj Bhog Restaurant) in front of Headquarters of Municipal Corporation 11 30 896/99/3/3 28.10.99 386.14 sqm G+1 Rajbhoj Restaurant is running 4 Ashok Singh/Murli Singh (Hotel sun beam) Madhavrao Scindhia Marg City Centre 11 30 1218/99/3/3 27.01.00 652.04 sqm B+G+ 4 Hotel Sunbeam is running 5 Ajay Mishra etc. (Ajay Gupta) (Hotel Royal Inn) Madhavrao Scindhia Marg City Centre 11 30 135/08/3/3 26.06.08 934.68 sqm B+G+ 2+MIZZANINE FLOOR Hotel Royal inn is Running 6 Ajay Mishra/Shri T.N. Mishra Madhavrao Scindhia Marg City Centre 11 30 37/2002/3/3 17.01.02 731.52 sqm Petrol Pump Petrol Pump is running 7 Ajay Mishra/Triyogi Narayan Mishra etc. (Hotel Horizen) Madhavrao Scindhia Marg City Centre 11 30 246B/15/3/3 21.08.05 731.12 sqm B+G+3 Hotel Horizen is running 8 Anju Gupta, Rekha Gupta etc. (Vishal Mega mart, Madhavrao Scindhia Marg City Centre 11 30 408/05/3/3 18.05.05 385.68 sqm B+G+ 3 Vishal Megamart is running 9 Sandhya Jain/Vijay Jain etc. (Hotel Horizen) Madhavrao Scindhia Marg City Centre 11 30 246B/15/3/3 21.08.05 731.12 sqm B+G+3 Hotel Horizen is running 8 Anju Gupta, Rekha Gupta etc. (Vishal Mega mart, Madhavrao Scindhia Marg City Centre 11 30 408/05/3/3 18.05.05 385.68 sqm B+G+ 3 Vishal Megamart is running 9 Sandhya Jain/Vijay Jain etc. (Bata Showroom Madhavrao Scindhia Marg City Centre) 11 30 1086/05/3/3 09.01.06 255 sqm B+G+ 3 Bata Showroom is running 10 Krishna Gopal Agrawal/Hazari Lal, Madhavrao Scindhia Marg City Centre 11 30 0354/015/3/3 29.01.16 234 sqm B+G+ 2 Blank 11 Neeta Tayal/Anil Tayal Madhavrao Scindhia Marg City Centre 11 30 0352/15/3/3 29.01.16 243.45 sqm B+G+ 2 Showroo m 12 Sobran Singh/Sardar Singh (Biba showroom) Madhavrao Scindhia Marg City Centre 11 30 231/08/3/3 05.02.10 482.76 sqm B+G+ 2 The Biba Readymade Garments showroom is running 13 Kadam Singh Yadav (Manyawar Showroom) Madhavrao Scindhia Marg City Centre 11 30 849/97/3/3 29.11.97 838.20 sqm G+1+ Mizza nine floor Manywar readymade garment showroom is running 14 Ramendra Singh Yadav (Suzuki Showroom) Madhavrao Scindhia Marg City Centre 11 30 1038/05/3/3 13.01.06 679.64 sqm B+G+ 1+Mizzanine floor The Showroo m of suzuki is running 15 Prabhat Jain/Suresh Saraf (Fortune Plaza) Madhavrao Scindhia Marg City Centre 11 30 29/06/3/3 13.03.06 729.98 sqm B+G+ 2 The Fortune plaza is running 16 Shri Naveen Gupta S/o Late Mohan Lal, Jhansi Road 13 58 - - 6666 square feet Open Land Village Mahalgaon survey no. 440/1 to 440/3 I.D. 256892 17 Shri Mahendra Saxena S/o Shri Sheetal Prasad Saxena, Jhansi Road 13 58 173/99/3/3 280/10.0 5.1999 25630 square feet Residential metalled- 6125 Commercial metalled -1685 Residential open land­11620 Commercial open land Open Land Village Mahal gaon survey no. 440/1 I.D. 198152 18 Shri S. K. Mishra, Jhansi 13 58 - - 2400 square feet Village Mahal gaon survey no. 440/1 to 440/3 I.D. 11688 19 Shri Nisar Hussain S/o Shri Fida Hussain Jhansi Road 13 58 793/90/3/3 705/09-11-1990 4250 square feet commercial metalled­14750 commercial open land­500 (Hospital is running Village Mahal gaon survey no. 440/1 to 440/3 I.D. 21547 20 Shri Sashi Dhingra, Shri Brajesh, Shri Sachin, Jhansi Road 13 58 347/99/3/3 285/28.0 4.99 19542 square feet commercial metalled -2000 commercial Tinshed 8631, commercial open land 8911 (Super Market) Village Mahal gaon survey no. 440/1 to 440/3 I.D. 21547 20 Shri Sashi Dhingra, Shri Brajesh, Shri Sachin, Jhansi Road 13 58 347/99/3/3 285/28.0 4.99 19542 square feet commercial metalled -2000 commercial Tinshed 8631, commercial open land 8911 (Super Market) Village Mahal gaon survey no. 440/1 to 440/3 10731 21 Shri Mayur S/o Shri Rajkishore Garg, Jhansi Road 13 58 61/69/3/3 16.11.197 0 15840 square feet commercial metalled 6250 commercial open land11763 (Godown) Village Mahal gaon survey no. 440/1 to 440/3 I.D. 10715 22 Shri Gopal Dholakhandi, Shri Keshav Dutt, Jhansi Road 13 58 - - 2000 square feet Open Land Village Mahal gaon survey no. 440/1 to 440/3 I.D. 67241 23 Shri Charanjeet Singh Nagpal, Prem Motors Pvt. Ltd., Jhansi Road 13 58 1338/2000/3/3 472/26.0 6.2001 43434 square feet commercial metalled -61844 commercial Tinshed -6934 Commercial open land 21984 (Maruti Showroom Village Mahal gaon survey no. 440/1 to 440/3 I.d.7591 3 24 Shri Charanjeet Singh Nagpal, Prem Motors Pvt. Ltd., Jhansi Road 13 58 - - 13500 square feet Open Land Village Mahal gaon survey no. 440/1 to 440/3 I.d. 188642 25 Smt. Beenu Dubey W/o Shri Arvind Kumar Dubey, Jhans Road 13 58 - - 6000 square feet Open Land Village Mahal gaon survey no. 442/3 I.d. 211482 26 Area of back side of Scindia Girls School, Jhansi Road 13 58 1135/2002/3/3 926/28.1 2.02 112814 2 square feet Residential metalled -17404 Commercial metalled -55761 Residential open land527835 Commercial open land 393838 (School/Hostel) Palace Premises unserved area I.d. 11351 27 Shri Mahesh Chandra Tripathi S/o Shri R.P. Tripathi, Shubham Hospital, Vijaya Nagar 13 58 1124/2003/3/3 737/21.11.03 800 square feet, 800 square feet Residential metalled 2400 (Nursing Home) Palace Premises unserved area I.d. 13395 28. 29 Shri Dr. Sanjay Shukla S/o Shri S. S. Shukla & Smt. Manisha Shukla W/o Shri Sanjay Shukla, Jhansi Road 13 58 549/1992/3/3/545/2000/3/3 326/26.0 8.1992, 370/18.0 5.2001 2398 square feet, 2400 square feet Residential metalled -1500, Open land1648, Residenti metalled-4800 (Residential Building) Village Mahal gaon survey no. 453 I.d. 204590, 204589 30 Shri Rajesh Shukla S/o Late Shri Omprakash Shukla, Jhansi Road 13 58 1429/2002/3/3 97/07-02-2003 2400 square feet Residential metalled­5100 (Residential Building) Village Mahal gaon survey no. 453 I.d. 78143 31 32 National Park Trust, Resident – Shri Gopal Shri Chapadwal (The road adjacent to Bridge of A G Office Arogyadham Hospital, City Center) 14 29 189/2009/3/3 53/15.02. 2010 2888.5 5 B+G+ 3 Village Mahal gaon survey no. 453 I.d. 78143 31 32 National Park Trust, Resident – Shri Gopal Shri Chapadwal (The road adjacent to Bridge of A G Office Arogyadham Hospital, City Center) 14 29 189/2009/3/3 53/15.02. 2010 2888.5 5 B+G+ 3 Village Mahal gaon survey no. 931/1 33 Smt. Alka Choudhary/Haldhar Prasad (A M Car House) The road adjacent to Bridge of A G Office, City Center 14 29 445/1998/3/3 379/01.0 6.1998 445.66 G Village Mahal gaon survey no. 933 34 Smt. Shyam Mouli Singh W/o Shri Vishwanath Singh (Gayatri Hr. Sec. School), 01 Raghvendra Nagar 14 29 474/2004/3/3 372/05.0 5.2004 222.96 G+2 Village Mahal gaon survey no. 938 35 Smt. Shobha Bhadouriya W/o Shri Arvind Bhadouriya (Sarthak Building), 03 Raghvendra Nagar 14 29 978/1998/3/3 113/17.02.1999 222.96 G Village Mahal gaon survey no. 938 36 Shri K.V. Fadak, 04 Raghvendra Nagar 14 29 676/1992/3/3 219A/31. 08.1992 249-16 (G+1) Village Mahal gaon survey no. 938 37 Shri Sudheer Singh, 05 Raghvendra Nagar 14 29 Village Mahal gaon survey no. 938 Document are not available 38 Smt. Vijaya Medekar W/o Dr. D.G. Medekar, 17 Raghvendra Nagar 14 29 327/1977/3/3 10/23.01. 1979 222.96 (G) Village Mahal gaon survey no. 938 39 Dr. K.V. Loblekar, 18 Raghvendra Nagar 14 29 561/1993/3/3 and 418/2005/3/3 204A/28. 08.1993, 257/30.0 4.2005 222.96 (G+1) Village Mahal gaon survey no. 938 40 Shri Sanjeev Malhotra, 19 Raghvendra Nagar 14 29 206.56 G Village Mahalgaon survey no. 938 The Documents could not be available being the building is closed in present. 41 Shri Vasant Rao Gothankar, 20 Raghvendra Nagar 14 29 227.74 G Village Mahal gaon survey no. 938 42 Smt. Nirmala Khandekar/Shri Shashikant Khandekar, 21 Raghvendra Nagar 14 29 938/2005/3/3 227/21.1 0.2005 194.81 G Village Mahal gaon survey no. 938 43 Smt. Mandakini Sadavarte, 22 Raghvendra Nagar 14 29 762/2003/3/3 540/06.09.2003 195.09 G Village Mahal gaon survey no. 938 Shri Jagdish Prasad Bhatele, 23 Raghvendra Nagar, 14 29 862/1986/3/3 88/12.09. 1986 139.35 G Village Mahal gaon survey no. 938 44 Shri Salighram Tripathi, 25A Raghvendra Nagar 14 29 724/1995/3/3 522/16.1 2.1995 139.35 G Village Mahal gaon survey no. 938 45 Shri Subhash Balaskar S/o Ramchandra, 25B Raghvendra Nagar 14 29 1176/2000/3/3 204/08.11.2000 139.35 G Village Mahal gaon survey no. 938 46 Smt. Rajjoo Devi, Shri S.B. Singh, Shri Ved Prakash Gupta, Shri K.K. Bhatia, 25C Raghvendra Nagar 14 29 743/1992/3/3 252A/29. 09.1992 162.45 (G+1) Village Mahal gaon survey no. 938 45 Shri Subhash Balaskar S/o Ramchandra, 25B Raghvendra Nagar 14 29 1176/2000/3/3 204/08.11.2000 139.35 G Village Mahal gaon survey no. 938 46 Smt. Rajjoo Devi, Shri S.B. Singh, Shri Ved Prakash Gupta, Shri K.K. Bhatia, 25C Raghvendra Nagar 14 29 743/1992/3/3 252A/29. 09.1992 162.45 (G+1) Village Mahal gaon survey no. 938 47 Smt. Sharda Kelkar/Chintamani, 25D Raghvendra Nagar 14 29 561/1985/3/3 02.08.198 5 139.35 G Village Mahal gaon survey no. 938 48 Shri B.N. Gupta/Prabhudayal, 27 Raghvendra Nagar 14 29 05/1980/3/3 209/01.0 5.1980 139.35 G Village Mahal gaon survey no. 938 49 Smt. Brat Lata Shama/Mani Prakash, 28 Raghvendra Nagar 14 29 80B/2015/3/3 107B/23. 05.2015 139.35 (G+1) Village Mahal gaon survey no. 938 50 Smt. Prachi Kulksresthra/Shri Prashant, 29A Raghvendra Nagar 14 29 1470/2001/3/3 893/14.1 2.2001 79.46 (G+1) Village Mahal gaon survey no. 938 Shri Jay Singh Sharma S/o Bhaghirath, 29B Raghvendra Nagar 14 29 958/2000/3/3 03.10.200 0 76.64 (G+1) Village Mahal gaon survey no. 938 51 Dr. Gaya Prasad Tomar/Narottam Tomar, 03 Raghvendra Nagar Extension (Badan Singh Colony) 14 29 657/1995/3/3 04.02.199 6 222.96 G Village Mahal gaon survey no. 937 52 Shri Tara Chandra Gupta/Basudev Gupta, 07 Raghvendra Nagar Extension (Badan Singh Colony) 14 29 237/1987/3/3 192/23.0 7.1987 139.35 (G+1) Village Mahal gaon survey no. 937 53 Shri Rajesh Anvekar/Suresh Chandra, Raghvendra Nagar Extension (Badan Singh Colony) 14 29 - 941/27.0 9.1986 139.35 (G+1) Village Mahal gaon survey no. 937 54 Shri Premlata/Shri M.P. Shrivastava, 5A Raghvendra Nagar Extension (Badan Singh Colony) 14 29 21.04.1976 162.49 G Village Mahal gaon survey no. 937 53 Shri Rajesh Anvekar/Suresh Chandra, Raghvendra Nagar Extension (Badan Singh Colony) 14 29 - 941/27.0 9.1986 139.35 (G+1) Village Mahal gaon survey no. 937 54 Shri Premlata/Shri M.P. Shrivastava, 5A Raghvendra Nagar Extension (Badan Singh Colony) 14 29 21.04.1976 162.49 G Village Mahal gaon survey no. 937 Information of Buildings (Without Permission/ Illegal) S. No. Particular and Address of Building Area No. Ward No. Area of Property Situation/Use of Spot Year of Construction Survey No. Remark 1 Dalveer Singh, Maharana Pratap Nagar, City Center 11 30 1500 Square Feet Portion Of The Building Was Shattered 2006 2 Kanti Prakash Goyal, Maharana Pratap Nagar, City Center 11 30 2730 Square Feet Front Portion Of Building Was Shattered 2000 3 Mithlesh Sharma, Maharana Pratap Nagar, City Center 11 30 1500 Square Feet Portion Of The Building Was Shattered 2006 4 Gauri Shankar, Maharana Pratap Nagar, City Center 11 30 2600 Square Feet Portion Of The Building Was Shattered 2017 5 Smt. Rama Devi/Ramlakhan Singh, Maharana Pratap Nagar, City Center 11 30 2600 Square Feet Building 2014 6 Sharad Bhadouriya, Maharana Pratap Nagar, City Center 11 30 2600 Square Feet Boundary And Rallying Was Shattered 2015 7 P.K. Khandelwal, Maharana Pratap Nagar, City Center 11 30 1200 Square Feet Front Portion Of Building Was Shattered 2000 8 Soyash Sharma, Maharana Pratap Nagar, City Center 11 30 Front Portion Of Building Was Shattered 2000 9 Raghvendra Singh, Maharana Pratap Nagar, City Center 11 30 1500 Square Feet Building 2002 10 Smt. Meena Devi/Ravindra Singh Bhadouriya, Maharana Pratap Nagar, City Center 11 30 2280 Square Feet Building 2003 11 Vivek Singh, Maharana Pratap Nagar, City Center 11 30 960 Square Feet Front Portion Of Building Was Shattered 2004 12 Arti/Rajendra Rajput, Maharana Pratap Nagar, City Center 11 30 960 Square Feet Building 1997 13 Uma Sharma, Maharana Pratap Nagar, City Center 11 30 2400 Square Feet Outer Wall Of (T.V.R.) Building Was Shattered 2015 14 R.S. Bhadouriya, Maharana Pratap Nagar, City Center 11 30 Building 2002 15 Madhav Pavaiya, Maharana Pratap Nagar, City Center 11 30 Portion Of The Building Was Shattered 2010 16 Madhav Pavaiya, Maharana Pratap Nagar, City Center 11 30 Portion Of The Building Was Shattered 2010 17 Anil Jain (PLANET), Madhav Rao Scindia Marg, City Center 11 30 500 Square Feet Shop (PLANET) 2017 18 Munna Singh Yadav/Pooran Singh, Madhav Rao Scindia Marg, City Center 11 30 10712 Square Feet Shop (ENGLISH Wine) 1999 650, 651 19 Chandra Prakash Shivhare (Hindustan Express) Infront Of Headquarters of Municipal Corporation 11 30 979.79 Sqm Office 2011 Portion Of 700 Hindustan Express 20 Surendra Singh Bhadouriya, Maharana Pratap Nagar 11 30 3053 Square Feet Garriage 2010 Uppal Garriage Is Running 21 Shri K.P. Singh, Behind Bata Showroom, City Center 11 30 6000 Square Feet Building 1985 Residential 22 Harish Chandra Setiya, Sharda/J.D. Setiya (JEEVAN Jyoti Netralaya) Madhav Rao Scindia Marg, City Center 11 30 1400 Square Feet (JEEVAN Jyoti Netralaya) 1998 The Hospital Is Running 23 Nav Bharat Press, Madhav Rao Scindia Marg, City Center 11 30 57941 Square Feet Ground Floor 1990 24 Shanti Chandra Dwivedi/Panna Lal Alfanzo Restaurant, Madhav Rao Scindia Marg, City Center 11 30 3600 Square Feet Ground, First and Second Floor 2004 Alfanzo Restaurant Is Running 25 Shri Gokul Somani S/o Shri Ram Prasad Somani, Jhansi Road 13 58 24192 Square Feet Commercial Mettaled-956, Commercial Tin Shed-5985, Commercial Open Land-9994, Residential 1970 Village Mahal gaon, Survey No. 441/1 to 442/3 26 Shri Saurabh Agrawal, Etc. S/o Shri Govind Agrawal, Jhansi Road 13 58 822 Square Feet Commercial Mettaled-200, Commercial Open Land-622 2000 Village Mahal gaon, Survey No. 442 I.D. 199475 27 Shri Hari Prakash Shivhare, Jhansi Road 13 58 500 Square Feet Shop 2000 Village Mahal gaon, Survey No. 443 28 Shri Chand Kha, Shri Saleem S/o Shri Sardar Kha, Jhansi Road 13 58 1000 Square Feet Commercial Mettaled-1000 (WORKSH OP) 2000 Village Mahal gaon, Surve y No. 443 I.D. 78579 29 Shri Indreshwar Mishra/Kanhaiya Lal, 01 Raghvendra Nagar Extension 14 29 445.93 G 1976 Village Mahal gaon, Survey No. 937 30 Shri Narayan Prasad Mishra/Prabhu Dayal, 08 Raghvendra Nagar Extension 14 29 139.35 G 1976 Village Mahal gaon, Survey No. 937 31 Shri Jaswant Harshana 09, 10 Raghvendra Nagar Extension 14 29 205.92 G 2000 Village Mahal gaon, Survey No. 937 32 Shri Ajay Sharma, Raghvendra Nagar Extension 14 29 167.07 G 2016 Village Mahal gaon, Survey No. 937 33 Shri N.C. Diwan, 11 Raghvendra Nagar Extension 14 29 137.10 G 2008 Village Mahal gaon, Survey No. 937 34 Shri Arvind Dubey, 12 Raghvendra Nagar Extension 14 29 167.22 G 2001 Village Mahal gaon, Survey No. 937 35 Shri S.P. Sharma, Raghvendra Nagar Extension 14 29 139.35 G+1 1997 Village Mahal gaon, Survey No. 937 36 Shri Sikandar Gurjar, Raghvendra Nagar Extension 14 29 127.98 G 2017 Village 37 Shri Jandel @ Rajendra Singh Harshana, C-1 Raghvendra Nagar Extension 14 29 82.88 G 2014 Village Mahal gaon, Survey No. 937 38 Smt. Shratu Jain/Samyak Jain, C-3 Raghvendra Nagar Extension 14 29 109.20 G 2004 Village Mahal gaon, Survey No. 937 39 Smt. Munni Bai, C-4 Raghvendra Nagar Extension 14 29 67.20 G 2004 Village Mahal gaon, Survey No. 937 40 Shri Ramveer Singh, C-5 Raghvendra Nagar Extension 14 29 58.06 G+1 2004 Village Mahal gaon, Survey No. 937 41 Shri Sharman Harshana, Raghvendra Nagar Extension 14 29 32.51 G 2015 Village Mahal gaon, Survey No. 937 42 Smt. Susheela Bai, Raghvendra Nagar Extension 14 29 44.64 G 1998 Village Mahal gaon, Survey No. 937 43 Shri Dharmendr a (Patour), Raghvendra Nagar Extension 14 29 56.00 Patour 1998 Village Mahal gaon, Survey No. 937 44 Shri Dilip Sharma (Sai Service Center) Road Adjacent to Bridge of AG Office, City Center 14 29 48.00 Tinshed 2010 Village Mahal gaon, Survey No. 933 45 Shri Dilip Sharma (Sai Service Center) Near Arogaya Dham Hospital, City Center 14 29 35.36 G 2010 Village Mahal gaon, Survey No. 933 46 Smt. Alka Choudary/Haldhar Prasad, Road Adjacent to Bridge of AG Office, City Center 14 29 222.96 (CONSTRUCTED 111.48) G+1 2017 Village Mahal gaon, Survey No. 933 47 Smt. Alka Choudary/Haldhar Prasad, Road Adjacent To Bridge Of AG Office, City Center 14 29 222.96 (CONSTRUCTED 111.48) G 1998 Village Mahal gaon, Survey No. 933 48 Shri Ram Swaroop Shivhare, Road Adjacent To Bridge Of AG Office, City Center 14 29 297.28 (CONSTRUCTED Building), 736.25 Open Land G 2015 Village Mahal gaon, Survey No. 933 49 Smt. Savitri Devi Kamthan (Car Washing Teenshed) Raghvendra Nagar 14 29 127.00 Teenshed 2015 Village Mahal gaon, Survey No. 935 50 Shri Sudarshan Jawar, Road Adjacent To Bridge Of AG Office, City Center 14 29 153.66 G 2013 Village Mahal gaon, Survey No. 935 51 Shri Krishnand Sharma (TEA Vendor), Road Adjacent to Bridge of AG Office, City Center 14 29 37.16 Teenshed 1998 Village Mahal gaon, Survey No. 934 13. The notification dated 30-8-2005 published in the Gazette of India, September 17, 2005 is in the following terms : – “S.R.O. 105- In exercise of the powers conferred by section 3 of the Works of Defence Act, 1903 (7 of 1903), the Central Government hereby declares that it is necessary to impose the restrictions specified in clause (c) of section 7 of the said Act, upon the use and enjoyment of the land described in the Schedule hereto annexed, being land lying in the vicinity of Defence Research and Development Establishment (DRDE), Jhansi Road, Gwalior, in the State of Madhya Pradesh, in order that the said land may be kept free from buildings and other obstructions. 2. A sketch plan of the said land may be inspected in the Office of the District Collector, Gwalior, Madhya Pradesh. Schedule All the land comprised in the area lying within a distance of approximately (218 yards) 200 meters from the crest of the outer parapet of the Defence Research and Development Establishment (DRDE), Jhansi Road, Gwalior in the State of Madhya Pradesh.” 14. Evidently, the restrictions that all the land comprised in the area lying within a distance of approximately 200mts from the crest of the outer parapet of the DRDE may be kept from buildings and other obstructions, is imposed by the Central Government in exercise of the powers conferred by section 3, read with Clause (c) of section 7 of 1903 Act. 15. The Act of 1903 provides for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining compensation to be made on account of such imposition. 16. The expression “land” as defined under section 2(a) includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. 17. 16. The expression “land” as defined under section 2(a) includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. 17. The expression “maintain” is defined under section 2(h) to mean : – ““maintain”, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3, sub-section (2).” 18. That Part-II of the Act of 1903 deals with the provisions regarding imposition of restrictions. Section 3 whereunder mandates :— “3. Declaration and notice that restrictions will be imposed. — (1) Whenever it appears to the Central Government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders. (2) The said-declaration shall be published in the Official Gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality. (3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.” 19. Thus as per sub-section (3) of section 3 the declaration is a conclusive proof that it is necessary to keep the land free from buildings and other obstructions. 20. (3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.” 19. Thus as per sub-section (3) of section 3 the declaration is a conclusive proof that it is necessary to keep the land free from buildings and other obstructions. 20. Furthermore, section 7 provides for three types of restrictions; viz, “(a) Within an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,- (i) no variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the General Officer Commanding the District, and on such conditions as he may prescribe; (ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated: Provided that, with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be exempted from the prohibition: Provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such roadballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer; (iii) no surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorised in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer; and (iv) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintained, erected, added to or altered, repairs shall not, without the written approval of the [General Officer Commanding the District], be made with materials different in kind from those employed in the original building, wall, bank or other construction. (b) Within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely :- (i) no building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, and no such building, wall, bank or other construction shall be erected : Provided that, with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered: Provided, also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the General Officer Commanding the District]; and (ii) live hedges, rows or clumps of trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe. (c) Within a third boundary which may extend to a distance of five hundred yards from the crest of the outer parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely: no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected: Provided that, with the written approval of the Commanding Officer and on such conditions as he may, prescribe, a building or other construction on the surface may be maintained and open railings and dry brush-wood fences may be exempted from this prohibition. 21. These three types of restrictions have different connotations and effect. Thus while the effect of restriction under section 7(a) or section 7(b) may be rigorous, the restriction under section 7(c) prohibits non-maintenance or erection, as the case may be of building and/or other construction. The proviso to clause (c) empowers the Commanding Officer to grant conditional approval as to maintenance of building or other constructions already in existence. Thus while the effect of restriction under section 7(a) or section 7(b) may be rigorous, the restriction under section 7(c) prohibits non-maintenance or erection, as the case may be of building and/or other construction. The proviso to clause (c) empowers the Commanding Officer to grant conditional approval as to maintenance of building or other constructions already in existence. But there is no relaxation for new constructions. 22. The Central Government has been conferred the discretion to adhere to all or any one of the restrictions. In the present case, the Central Government has exercised the discretion under Clause (c) of section 7 of Act of 1903. 23. It is argued on behalf of the occupiers of the land which fall within the periphery of the restrictions that unless the provisions as contained under sections 4, 5, 6, 8 to 12 are adhered to and an award is passed by the Collector, the notification under section 3 cannot be acted upon. Section 4 provides for that it shall be lawful for such officer as the Central Government may, by general or special order, authorise in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house without previously giving such occupier at least seven days’ notice in writing of his intention to do so. 24. 24. Section 5 envisages that when an entry as contemplated under section 4 is made the Officer so authorized shall pay or tender payment for all necessary damage and in case there is dispute, he shall refer the same to Collector or Chief Revenue Officer, for adjudication. Similarly, section 6 empowers such Officer as the Central Government may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for levelling and clearing the same as he may deem necessary or proper, but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved. The powers conferred by sub-section (1) shall not be exercised,-(a) save as otherwise provided by sub-section (3), before the making of the award hereinafter referred to in section 12, nor (b) save as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them. In case of emergency, the Central Government may, by notification in the Official Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency. Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any time the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made thereunder or of any condition prescribed in accordance therewith. 25. 25. The powers to be exercised under section 6(1) is however subject to the provisions contained under section 12(3) and section 12(4). Section 9 makes provisions regarding notice in the event where (i) any damage to the property is contemplated, or (ii) any action taken under section 6(3) in respect of restriction attaching to the land under section 7. Section 12 provides for the inquiry and award by Collector. However, since present is not the case of demolition of construction in existence since prior to the date of notification, non-adherence to the stipulations under section 6 and section 12 will not, in our considered opinion will, put on hold the effect of restriction imposed vide notification dated 17-9-2005. Our view find support in the decision by Division Bench of Punjab and Haryana High Court in CWP No. 8707/1999, M/s Travels Star Hotels (India) Ltd. vs. Union of India and others and other connected Writ Petitions decided on 1-7-2009, wherein it is observed :— “23. It is clear from provisions of section 3 read with section 7 of the Act that on requisite satisfaction being arrived at as to requirement of necessity to impose restrictions on use and enjoyment of the land in the vicinity of any work of defence or of any site or other restrictions as may be declared under section 7, notification can be issued which is conclusive proof of necessity to keep the land free from buildings and obstructions and to bring into force the restrictions stipulated under section 7 of the Act. The provisions are not under challenge. The scheme of the said provisions is to bring into force the restrictions forthwith. Enforcement of such restrictions is not dependent on making of any award or making of compensation. Subsequent inaction for failure of duty to determine and pay compensation does not have the effect of annulling the restriction which comes into force as soon as the notification is published. Only right which may survive on account of non-compliance of provisions of section 9 or 12 of the Act, is to make a claim for the compensation. In case of gross delay, if an aggrieved party approaches the Court, the Court can mould the relief to do complete justice. A citizen cannot, however, treat the restrictions placed to be non est nor the notification be lapsed. 29. In case of gross delay, if an aggrieved party approaches the Court, the Court can mould the relief to do complete justice. A citizen cannot, however, treat the restrictions placed to be non est nor the notification be lapsed. 29. We are of the view that apart from notification being not affected by non compliance of the provisions for taking steps to make award, the said provisions are liable to be read as directory having regard to the subject-matter of legislation. The restrictions having come into force immediately after notice under section 3 of the Act, the restrictions having never been challenged, action of the petitioners in raising construction in contravention of the said restrictions is illegal and could be undone. It is not case of demolition in violation of section 6 of the Act, as it is not the case of the petitioners that there were any pre-existing structures. The petitioners never sought enforcement of requirement of section 9 or section 12 of the Act. Thus, not taking steps or not making of award will not render the impugned notification inoperative. However, the petitioners will be entitled to a direction for steps being taken forthwith and to suitable compensation. 30. Thus, we conclude by holding that absence of award does not vitiate the impugned notification. Power of demolition of existing structures under section 6 of the Act could not be exercised without award but in the present case, exercise of said power relates to demolition of structure raised after the notification under section 3 of the Act. Enforcement of restrictions under section 7 of the Act was permissible even before making of the award. If the affected party did not object to the enforcement of restrictions and did not move the Court for a long period, the rigor of the requirement of making of award can be held to be waived so as to not to interfere with the action which may have been taken till a person approaches the Court. It has been observed that belated challenge to acquisition may not be entertained. Reference may be made to judgment of the Hon’ble Supreme Court in Municipal Corporation of Greater Bombay vs. Industrial Development Investment Co. Pvt. Ltd., and others, (1996) 11 SCC 501 , para 29. It has been observed that belated challenge to acquisition may not be entertained. Reference may be made to judgment of the Hon’ble Supreme Court in Municipal Corporation of Greater Bombay vs. Industrial Development Investment Co. Pvt. Ltd., and others, (1996) 11 SCC 501 , para 29. Reference may also be made to some other judgments taking the view that delay may be a ground not to entertain a petition under Article 226 of the Constitution :— (i) Netai Bag vs. State of W. B., (2000) 8 SCC 262 , Paras 26, 27. (ii) Urban Improvement Trust vs. Bheru Lal, (2002) 7 SCC 712 , Para 21. (iii) Swaika Properties (P) Limited vs. State of Rajasthan, (2008) 4 SCC 695 , paras 16-18. (iv) P. S. Sadasivaswamy vs. State of T. N., (1975) 1 SCC 152 , Para 2. (v) Kamini Kumar Das Choudhury vs. State of W. B., AIR 1972 SC 2060 , para 10. (vi) U. P. Jal Nigam and another vs. Jaswant Singh and another, (2006) 11 SCC 464 , para (vii) Durga Prasad vs. Chief Controller, I and E, AIR 1970 SC 769 , paras 4, 5 and 7. (viii) State of M. P. vs. Nandlal Jaiswal and ors., AIR 1987 SC 251 , para 23. (ix) Karnataka Power Corporation Limited vs. K. Thangappan and another, AIR 2006 SC 1581 , paras 6-10. (x) Chandra Bhushan and another vs. Deputy Director of Consolidation UP (Regional) Lucknow and others, AIR 1967 SC 1272 , para 2.” 26. Thus in case of the buildings/constructions which pre exist the notification, i.e., raised prior to 17-9-2005, the owner of such buildings/ constructions inhers right to seek written approval from the Commanding Officer to “Monitor” such building or other constructions on such condition as may be prescribed. However, such right would enure only to the owner of the buildings constructed prior to the notification dated 17-9-2005 after due permission. 27. The necessary corollary of above analysis would be that all such constructions/ buildings after the date of notification dated 17-9-2005 with or without prior sanction are unauthorized are illegal and should be undone, irrespective of whether it is by an individual or the Institution, including the State Government, Municipal Corporation, Gwalior or the Jiwaji University. In that event the question which arises is as to whether such persons would be entitled to compensation for demolition of unauthorized construction. In that event the question which arises is as to whether such persons would be entitled to compensation for demolition of unauthorized construction. Needless it is to say that the person cannot benefit from the wrong committed by him. 28. In Devendra Kumar vs. State of Uttranchal, (2013) 9 SCC 363 , it is held :— “23. … Nor can a person claim any right arising out of his own wrong doing. (Juri Ex Injuria Non Oritur).” 29. Thus where the constructions are illegal and are to be demolished, the owner whereof will not be entitled for the compensation. However, when left with the land they are at liberty to seek enforcement of the provisions contained under section 9 or section 12. 30. It was argued on behalf of respondent Municipal Corporation, Gwalior and the intervenors that in furtherance to order dated 8-7-2014 passed in Writ Petition No. 6004/2013, the Central Government has relaxed the restriction by order dated 21-10-2016. 31. In Writ Petition No. 6004/2013, it was observed :— “From the facts of the case, it is clear that it is for the Union of India – respondent No. 1 to take a decision in the matter looking to the ground reality because the persons, who are the owners of the land and whose land come within the periphery of 200 mtrs. of the area, which is restricted as per the notification 30th August, 2005, can not use their land neither they are getting compensation. Hence, the petition is disposed of with the direction that respondents No. 1 and 2 shall take a decision in the matter after considering the letters written by the Mayor and the Collector within a period of three months from the date of copy of the orders.” 32. However, in the letter No. F 11026/2/2011/D (Lands) issued by the Government of India, Ministry of Defense through Deputy Director (lands) there is no mention that the same is issued in furtherance to directions in Writ Petition. Be that as it may, the circular exposits that it is in furtherance circular of even number dated 18-5-2011 read with amendments issued vide circulars of even number dated 18-3-2015 and 17-11-2015 regarding grant of No Objection Certificate from the local Military Authorities for construction of buildings within the vicinity of defence establishments. Be that as it may, the circular exposits that it is in furtherance circular of even number dated 18-5-2011 read with amendments issued vide circulars of even number dated 18-3-2015 and 17-11-2015 regarding grant of No Objection Certificate from the local Military Authorities for construction of buildings within the vicinity of defence establishments. And has been issued in the wake of difficulties faced by public in constructing buildings on their own land and pending finalization of amendments to the works of Defence Act 1903; effecting amendment to guidelines issued under circular dated 18-5-2011 read with circulars dated 18-3-2015 and 17-11-2015, in the following terms :— “(a) Security restrictions in respect of Defence establishments/ installations located at 193 stations as listed in Part A of Annexure to this circular shall apply upto 10 meters from the outer wall of such Defence establishments/installations to maintain clear line of sight for effective surveillance. Any construction or repair activity within such restricted zone of 10 meters will require prior No Objection Certificate (NoC) from the Local Military Authority (LMA)/Defence establishments. (b) Security restrictions in respect of Defence establishments/ installations located at 149 stations as listed in Part B of Annexure to this circular shall apply upto 100 meters from the outer wall of such Defence establishments/ installations to maintain clear line of sight for effective surveillance. Any constructions or repair activity shall not be permitted within 50 meters. Further, a height restricted meters (one Storey) shall be applicable for the distance from 50 meters to 100 meters. Any construction or repair activity within such restricted zone between 50 to 100 meters will require prior No Objection Certificate (NoC) from the Local Military Authority (LMA)/ Defence establishments.” 33. Thus one gets an impression that the area of restriction has been reduced from 200mts to 10mts. However, close reading of the circular dated 18-5-2011 belie such an impression. By said circular guidelines in the following terms were issued for issuance of No Objection Certificate (NOC) in the following terms :— “(a) In places where local municipal laws require consultation with the Station Commander before a building plan is approved, the Station Commander may convey its views after seeking approval from next higher authority not below the rank of Brigadier or equivalent within four months of receipt of such requests or within the specified period, if any, required by law. Objection/views/ NOC will be conveyed only to State Government agencies or to Municipal authorities, and under no circumstances shall be conveyed to builders/ private parties. (b) Where the local municipal laws do not so require, yet the Station Commander feels that any construction coming up within 100 meter (for multi storey building of more than four storeys the distance shall be 500 meters) radius of defence establishment can be a security hazard, it should refer the matter immediately to its next higher authority in the chain of its command. In case the next higher authority is also so convinced, then the Station Commander may convey its objection/views to the local municipality or State Government agencies. In case the municipal authority/ State Government do not take cognizance of the said objection, then the matter may be taken up with higher authorities, if need be through AHQ/MoD. (c) Objection/ views/NOC shall not be given by any authority other than Station Commander to the local municipality or State Government agencies and shall not be given directly to private parties/ builders under any circumstances. (d) NOC once issued will not be withdrawn without the approval of the Service Hqrs.? 34. However, paragraph No. 2 of the circular dated 18-5-2011 stipulates in clear terms :— “2. These instructions will not apply where constructions are regulated by the provisions of the existing acts/notification viz, Cantonment Act, 2006, Air Craft Act, MoCA, 1934, Gazette Notification SO 84(E) dated 14-1-2011 (as revised from time to time), Works of Defence Act, 1903, etc. In such cases provisions of the concerned Act/ Notification will continue to prevail.” 35. Thus neither the circular dated 18-5-2011 nor subsequent amendment overrides notification dated 17-9-2005 issued under the Act of 1903. This will further be evident from the clarification given by Ministry of Defence on 10-7-2017 which reads thus :— “Ministry of Defence D (Lands) Subject : Guidelines of issue of ‘No Objection Certificate’ (NoC) for building construction reg. Please refer to your letter No. PC-I DCWE-7-34079/ WDA/DRDE dated 26-6-2017 requesting therein to clarify whether the guidelines issued by MoD vide circular dated 21-10-2016 would be applicable to those establishment that have been notified under the Works of Defence Act or not. 2. Please refer to your letter No. PC-I DCWE-7-34079/ WDA/DRDE dated 26-6-2017 requesting therein to clarify whether the guidelines issued by MoD vide circular dated 21-10-2016 would be applicable to those establishment that have been notified under the Works of Defence Act or not. 2. In this connection it is stated that the restrictions on building constructions around Defence installations are regulated under vrious Statutes and Rules/Notifications issued there under, which include the Works of Defence Act, 1903, the Cantonment Act, 2006. The Aircraft Act, 1934, Ministry of Civil Aviation, 1934 Gazette Notification SO84 (E) dated 14-1-2011 (as revised time to time). However, all the sensitive defence installations have not been notified yet for imposition of restriction under Statutory Acts/ Rules/ Notifications. 3. Therefore, in order to regulate building construction around defence installations not covered by such notifications, Ministry of Defence issued interim guidelines on 18-5-2011 for issue of No Objection Certificate (NoC) for construction activities within 500 meters of such installations. The guidelines dated 18-5-2011 have been amended on 18-3-2015, 17-11-2015 and the last amendment to the NoC guidelines was issued on 21-10-2016 with the approval of Hon’ble RM on the basis of review of security restrictions in respect of 193 (Part A of Annexure to the circular dated 21-10-2016) Army establishments have been reduced to 10 meters. The amendment dated 21-10-2016 further provides that for 149 (Part B of Annexure to the circular dated 21-10-2016) Army establishments located in J and K, no constructions shall be permissible within 50 meters from Defence installations and for construction between 50-100 meters, NoC shall be required. However, the security restriction in respect of rest of the military station will remain same as per Ministry of Defence guidelines dated 18-5-2011 which in its last para clearly stipulates that instructions/guidelines issued vide 11026/2/2011/D (Lands) dated 18-5-2011 will not apply where constructions are regulated by the provisions of the existing various acts notifications inclusive of Works of Defence Act, 1903. (G. C. Srivastava) Dy. Director (Lands) Addl. Director (Works), DRDO MoD ID No. 11026/2/2011/D(Lands) Pt(II) dated 10-7-2017” 36. In view whereof, the petition is disposed of finally in following terms :— “1. Notification under section 3 read with section 7(c) comes into force with immediate effect from the date of its publication and is conclusive proof of necessity to keep the land free from buildings and other constructions. 2. In view whereof, the petition is disposed of finally in following terms :— “1. Notification under section 3 read with section 7(c) comes into force with immediate effect from the date of its publication and is conclusive proof of necessity to keep the land free from buildings and other constructions. 2. Absence of taking steps under section 6, 9 and 12 does not affect validity and enforcement of the notification under section 3 read with section 7(c). However, the affected party shall be entitled to invoke proviso to clause (c) of section 7. The Commanding Officer will be under an obligation to dwell upon the same expeditiously. 3. Constructions which were after due permission, existing on the date of notification cannot be demolished without prior compensation. 4. Buildings and constructions raised in violation of notification, irrespective of whether it was with prior sanction by the Municipal Corporation Gwalior, or any other Authority, whether it belongs to an individual, State of Madhya Pradesh, Municipal Corporation Gwalior, Jiwaji University or any other Authority be demolished without compensation. As the illegal act does not create any equity in favour of those committing such illegality. For that, the local Authority shall draw out a plan with a specific time limit within which such illegal constructions to be demolished and land be freed from illegal and unauthorized constructions. 5. Direction to shift DRDE cannot be given.” 37. The parties are directed to bear their costs.