Legal Data by
August 10, 2017
August 10, 2017
August 10, 2017
There is a road in Jaipur that passes through Indian Army Military station. In 1994, the army tried to block the road citing security reasons. Following which, the residents of Kailash Nagar, a neighbourhood, moved a local court seeking a stay but in vain. Now the residents have appealed in the High Court. Army authorities, in their defence had said that the station needs to be protected. Defence Spokesperson Manish Ojha told LCW researcher that the right of passage claimed by the residents of Kailash Nagar has no basis. "Since the disputed passage is exclusively in Military Area in Jaipur Military station, it is not a public road. Considering military installations like army aviation assets in the vicinity, the Army needs to secure this sensitive area," he said. The residents have also submitted a memorandum to district administration to look into the matter. They want the right to move freely on the road. The residents of Kailash Nagar and other neighbourhoods have led protests demanding the same. They say that they have been using the road for over 40 years now and that restricting their access through the military area will force them to take longer routes to their destinations. There are about 1000 households around the military station. The High Court dismissed the petition and held that it was not a public road. Relying on witness testimony the court held that the road was situated in a military area and entry to the road required a pass. The Supreme Court in 2018 rejected an appeal against the high court's judgement.
Demand for better access to common land/resources
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Non-Forest (Other than Grazing Land)
Total investment involved (in Crores):
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Constitutional Law, Case Laws
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Lack of legal protection over land rights
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Rajasthan High Court; Supreme Court
SB Civil Second Appeal No. 504 of 2007 (Raj HC); SLP (C) Diary No. 18317 of 2018 (SC)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Government Departments Involved in the Conflict:
Rajasthan government, Indian Army
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Bhutpurv Sainik Samiti