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Anand Bala (Project management expert)     08 July 2016

High court judgment

Certain roads in Secunderabad Cantonment were closed by an arbitrary decison of the General Officer in Command  of Telangana & Andhra Sub Area of Indain Army. Aggrieved by this action  PIL 62 & 82 of 2014 were filed before the Andhra Predesh High Court. The court's  verdict  on 26.9.2014 was that General Officer in command  is competent to impose restriction on cantonment roads. The respondents in this PIL is  Union of India represented by the Ministry of Defence. Please click on this link for the judgment: https://164.100.12.10/hcorders/orders/2014/pil/pil_62_2014.pdf

Subsequent to this judgment Ministry of defefnce on 7.1.2015 issued orders to all heads of Services (Army, Airforce & Navy) to open all roads forthwith that are outside unit lines (Attached file).

The question here is whether or not the Ministry of Defence Order dated 7.1.2015 made the AP High Court judgment infructuous?

Your advise will be much apreciated.

Anand Bala



Learning

 1 Replies

Kumar Doab (FIN)     08 July 2016

Unable to download.

Apparently the HC has held 'General Officer in command  is competent'.

The competent officer can open and close the road within its juriswdiction.


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