The Bombay High Court Nagpur Bench has ruled that a long-standing restriction on land use near CAD Pulgaon in Wardha district has lapsed, as the Government failed to follow proper legal procedures for over two decades. The ruling was given by a division bench of Justices Anil S Kilor and Raj D Wakode while hearing a writ petition filed by two local landowners. The petitioners, Ivan Singh (61) and Shailesh Wankhede (43), own agricultural land in villages Chitki and Kurla near Pulgaon.

 

Their land falls within a 2,000-yard safety zone around the Central Ammunition Depot Pulgaon. In 2002, the Union of India issued a notification restricting construction and other activities in this area under the Works of Defence Act, 1903. These restrictions were meant to keep the area around the ammunition depot free from buildings and obstructions for safety reasons. In April 2023, the authorities again enforced these restrictions and warned people not to carry out any construction within the safety zone. However, the petitioners argued that despite these strict limits on their land use, they were never given compensation, nor was their land acquired by the Government. They also said, their requests to the authorities were ignored.

 

After hearing both sides, the High Court observed that the Government did not take further steps required by law after issuing the 2002 notification. The court noted that, no proper inquiry was conducted, no notice was issued within the required time, and no compensation was paid to the affected landowners. Referring to a recent Supreme Court judgment, the court said that, such restrictions cannot continue for an unlimited period without following due process. The court held that the 2002 notification had legally lapsed due to inaction by the authorities. It also quashed the 2023 communication that had again imposed the construction ban, along with an earlier public notice issued in 2001. However, the court gave some relief to the Government by keeping its order in abeyance until September 22, 2026. This means the existing restrictions will continue temporarily. During this time, the Government can issue a fresh notification after completing proper procedures such as surveys, inquiry, and deciding compensation.

 

 

The CAD Pulgaon is one of the most important defence facilities in India. It is the second-largest ammunition depot in Asia and serves as a major ‘mother depot’ for the Indian Army. Spread over 7,000 acres, it stores a wide range of military supplies, including bullets, explosives, and missiles. It plays a key role in supplying ammunition across India, especially during wartime.