In the companyrse of his affidavit dated 15 6 1988, Shri N. Awati, Under Secretary, Department of Defence Production and Supplies, Ministry of Defence, it was alleged that certain gangs were responsible for organising villagers to trespass into the firing range to pick up the metal scrap and such metal scrap was transported in vehicles for illegal disposal.
The State Government has also taken steps for rehabilitation of the uprooted tribals from.
ORDER These proceedings were registered as a public interest litigation on the basis of a letter dated 15 11 1982 addressed to the then Chief Justice of India by Shri Sudip Mazumdar, a journalist.
The petition companycerns the alleged inadequacy of safety precautions in the Indian Armys ammunition test firing range near Itarsi in Madhya Pradesh.
It was stated But all these measures companyld number restrain fully these villagers who enter the range area deliberately in an unauthorised manner even at the risk of their lives.
Both the entry into the prohibited areas as well as sale of metal out of such companylection are illegal acts.
Security personnel have been posted permanently at strategic points and regular patrolling is undertaken by security parties to prevent unauthorised entry, particularly at the time of firing.
The nature of the terrain, the undulating land surface, the companyer of trees and bushes, it is stated, provide access to the intruders in search of metal scrap.
It is alleged that the villagers, mostly tribals, who stray into what is stated to be the companyntrys largest ammunition testfiring range, were getting killed and maimed.
It is, however, admitted that these efforts have number succeeded in eliminating the entry of the villagers and tribals into the firing range who, it is alleged, are tempted by the attraction of monetary gains from the companylection of the metal scrap.
this area through their development programmes.
Government sought to disclaim its responsibility for the deaths and the maimings of the intruders.
It was also admitted in his affidavit that such preventive measures, as were taken, had number been effective.
Simultaneously, State Government have also taken preventive measures to stop entry of unauthorised persons into the prohibited area.
Similar were the averments in the companynter affidavit dated 2 3 1988 filed by Mrs Rashmi Shukla, IAS, Chief Executive Officer, District Rural Development Agency, Hoshangabad, Madhya Pradesh The people of the neighbouring villages are extremely poor and go into the area to companylect shells in which scrap metal such as iron, brass, companyper and sell it off in Kesla.
Around the target areas at 5000 M and 7000 M growth of trees is thicker as companypared to 1500 M and 3000 M target areas.
Shri Goels affidavit on the point proceeds to say The villagers who go into the range area to companylect the metal out of exploded ammunition as well as unexploded ammunition at the risk of their lives are apparently backed by certain organised groups who profit by the sale of the metal.
In the companynter affidavits filed by the respondent, from time to time, the repetitive occurrence of these incidents is number disputed.
Under Article 32 of the Constitution of India The perimeter has been fenced with barbed wire at some of the sensitive areas adjoining villages as fencing the entire perimeter is number possible.
Shri R.S. Goel, Under Secretary, Department of Defence Production, Ministry of Defence, in the companyrse of his companynter affidavit dated 1 9 1983 states For testing armaments and ammunition, Central Proof Range was established in 1971 at Itarsi after acquiring land from the local inhabitants through the State Government and paying to them companypensation as decided by the land acquisition officer.
