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High court issues contempt notices to defence wings for blocking road

On Friday, the Karnataka high court issued contempt of court notices to the defence wings for blocking road.

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On Friday, the high court issued contempt of court notices to the defence secretary, government of India, the commandant of the Parachute Training Regiment Centre, JC Nagar, defence estate officer Karnataka and Goa circle, commandant, Karnataka and Goa sub-area, Cubbon Road.

The notice was issued as these wings of the defence services had not honoured a commitment made in 1997 to part with land that was needed for laying an alternative road connecting Modi Garden with Kaval Byrasandra and JC Nagar.

The earlier road was blocked off to residents of the area.
A petition had earlier been filed by AR Suresh and others claiming that defence authorities had caused them great inconvenience by blocking off a section of the road that linked Modi Garden with Kaval Byrasandra and JC Nagar, which the residents had been using for over 40 years. 

“Residents now have to take a 6-km detour to reach their destinations, now that the road is closed,” the petitioner had said.
In September 1997, the military establishment informed local residents’ welfare associations that 1.6 acres of land would be demarcated for the new road.

The military establishment had also communicated to the BBMP that it would give the land to the Palike. The BBMP had said that once a date and time for handing over the land was fixed, it would take the necessary steps to construct the road. 

Later however, the defence establishment demanded compensation for the land to be given over to the road. Modi Garden residents approached the court with the contention that under the Karnataka Municipal Corporation Act 1976, the military had no right to take over public roads, which came under the purview of the state government, and sought that the military be restrained from closing the road.

In a hearing of the case on September 17, 2010, the court had directed the Parachute Training and Regiment Centre and the defence secretary to provide an alternative road, and also that residents be allowed access to the alternative road from both sides.

Nearly a year later, as the military establishment has failed to abide by this order, the high court, headed by chief justice JS Khehar, served contempt of court notices to the military establishment.

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