Court emphasizes the importance of national security, dismisses writ petitions challenging eviction notices for unauthorized constructions near Indo-Pak border.
Jaipur, 13 July 2026 - In a significant ruling, the Rajasthan High Court has dismissed a series of writ petitions challenging the eviction and demolition notices issued for unauthorized constructions within a 50-kilometer radius of the Indo-Pak border. The judgment, delivered by Justice Sameer Jain, underscored the imperative of national security considerations and the statutory compliance required for constructions in sensitive border zones.
The petitions were filed by various organizations and individuals, including Peer Mohammad Shah Jilani Dargah Samiti and several Madrasas and Masjids, who sought relief from eviction notices issued by the State of Rajasthan. The court, however, found that the structures in question were unauthorized, lacking the mandatory permissions required under the Rajasthan Colonization Act, 1954, and the Rajasthan Land Revenue Act, 1956.
Justice Jain highlighted that the petitioners failed to obtain requisite permissions for their constructions, rendering them prima facie unauthorized. The judgment emphasized that in matters involving national security, the principles of natural justice could be modified, though not completely abrogated, to accommodate security exigencies.
The court noted that the show-cause notices served to the petitioners did not directly mandate demolition but sought explanations and participation in hearings. Despite this, the petitioners chose to approach the court without exhausting alternate remedies provided under the statutory framework, including appellate procedures before the Revenue Appellate Authority.
The judgment also referenced a policy decision by the Ministry of Home Affairs, which extends the operational jurisdiction of the Border Security Force up to 50 kilometers from the international border, reflecting heightened security measures in response to trans-border threats.
The Rajasthan High Court stressed that the issue at hand was not one of religious discrimination but rather a matter of unauthorized constructions posing potential security risks. The court dismissed claims of arbitrariness, stating that the notices were issued uniformly without reference to any specific community.
In conclusion, the court ruled that the writ petitions lacked merit and were not maintainable, given the availability of statutory remedies and the absence of substantive proof of imminent demolition. The judgment serves as a reminder of the delicate balance between individual rights and national security, affirming the state's duty to protect its territorial integrity.
Bottom line:-
Unauthorized constructions within sensitive border zones near the Indo-Pak border can be subjected to regulatory actions like eviction or demolition, considering national security concerns, even with a modified application of natural justice principles.
Statutory provision(s): Rajasthan Colonization Act, 1954, Sections 20, 22; Rajasthan Land Revenue Act, 1956, Sections 90A, 91A; Religious Buildings Act, 1954, Sections 5, 6; Border Security Force Act, 1968, Section 139.
