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Illegal Transfer of Indian Defence Land

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New Delhi. 17 September 2020. In cases of attempts of illegal transfer based on the nature and circumstances of the case, FIRs/criminal cases have been filed against the sellers/purchasers, Courts have been approached to set aside such transactions.  Competent Revenue authorities have also been approached for not effecting mutation of such transactions.  Such transactions are not recognised and no mutation in defence land records are effected.

To prevent such incidences in future, the following steps are taken:-

  • The defence land across the country has been surveyed by Defence Estates Officers and Chief Executive Officers so as to clearly demarcate defence land to enable Services/users to physically protect it.
  • Matter has been taken up with the State Government vigorously at all levels to mutate remaining defence land in the revenue records.
  • Suggestions have been made by the Ministry to the Department of Land Resources for amending the Registration Act so as to make it mandatory for the Sub-Registrar to obtain ‘NOC’ from defence authorities prior to effecting registration of land located in Cantonments/Military Stations.
  • Wherever such incidence is reported, immediate legal action is taken to protect the interest of Government
  • Computerisation of defence Land records contained in General Land Registers (GLRs) and Military Land Registers (MLRs) with the use of Raksha Bhoomi Software.
  • Strengthening of defence land management by way of digitisation of land records, survey, demarcation and verification of defence lands and land Audit.

The computerization of defence land records under the project ‘Raksha Bhoomi’ was undertaken by the Directorate General of Defence Estates in association with National Informatics Centre.  Defence Land Records contained in General Land Registers (GLRs) and Military land Registers (MLRs) were entered in the Raksha Bhoomi Software and made operational after verification and authentication of database in July, 2011.

Directorate General of Defence Estates (DGDE) has informed that 05 cases have come to notice, in the last three years (i.e. from 01.09.2017 to 31.08.2020).  Total area involved is 36.30 acres.

In two cases pertaining to Haryana (Narnaud Hisar, Distt. Hisar, area 29.99 acres) and one pertaining to Punjab (Muktsar, area 6.05 acres) the respective State Governments are claiming the defence land.  In all these cases the matter has been challenged by the DEO concerned and is presently subjudice in the court of the respective Divisional Commissioners.

In the two cases of Union Territory of J&K (Badamibagh Cantt., area 0.26 acres) the illegal transfer of defence land by private persons through sale deeds have been challenged by way of filing suit in the District Court by DEO concerned.

Another instance has been noticed where an attempt was made to illegally transfer defence land (11.10 acres) in Bengaluru to Bangalore Metro Rail Corporation.  Based on the FIR lodged in the case, the said transfer has been stayed.

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