Hyderabadl: All this while, the local military authorities have been claiming that all the roads closed in Secunderabad Cantonment fall in the A1 category (sensitive defence land). However, this does not seem to be the case.
The Rule 5 and13 of the Cantonment Land Administration Rules 1937 clearly differentiate between A1 Land and A1 Road. It states: “The Army has the right over A1 land but not the A1 roads. Road margins should be vested with the Cantonment Board and classified as Class C. Only the metalled (top) surface and drains of roads over which the public has right of way and which are maintained by the Military Engineering Service should be included in Class A (1) category.’
It should be noted that A1 lands are exclusive to the military, but A1 roads can be used by the public. “Citizens have the right of way on those roads, though they are maintained by the Military Engineering Services (MES),’ say the Rules.
A member of the Federation of North Eastern Colonies of Secunderabad said, “The power to close any road lies with the Secunderabad Cantonment Board and not the Local Military Authority. The Cantonment Act is the applicable law and Section 258 is the relevant one.”
The ministry of defence has directed the military authority to open the roads and monitor the situation for 30 days. Residents question as to how the traffic and security assessment can be done without even opening the roads, when one-thirds of the given period has ended.
According to the May 28 defence ministry order, “If a road is proposed to be closed, a draft closure order would be published in three newspapers and also put up on the website of the cantonment board for inviting objections from the public.”
This shows that the power to close any road lies with the cantonment board and not with the LMA. After considering objections if the board feels the necessity to still close the road, then the closure order will be sent to the MoD for legal scrutiny and later the road would be closed.
