In a significant disclosure before the Supreme Court, the Centre on Wednesday said that several state governments, their agencies, and private entities have encroached upon defence lands across the country, prompting the government to initiate large-scale efforts to identify and remove such unauthorised occupations. The revelation has added urgency to an issue that has been under judicial and administrative scrutiny for over a decade, involving thousands of acres of strategically sensitive land.

A bench of Justices Surya Kant and Joymalya Bagchi heard the matter and directed the high-powered independent committee, constituted by the Centre to monitor the removal of encroachments, to submit an interim report within two weeks. The court scheduled the next hearing for November 10, 2025, signalling its continued oversight of what it described as a “national concern” involving public property of immense strategic value.

Centre Flags State-Level Encroachments and Institutional Resistance

During the hearing, Attorney General R. Venkataramani, appearing for the Centre, informed the bench that the committee has been actively visiting sites and identifying instances of encroachment. However, he noted that the panel has been facing resistance and operational hurdles from certain local authorities and encroachers, and hence required the Supreme Court’s guidance and support to ensure compliance.

According to Venkataramani, the Defence Estates Organisation (DEO) and local Defence Estates Officers (DEOs) have been carrying out physical verifications and updating digital records of land under the administrative control of the Ministry of Defence. He added that several state agencies and departments, along with individuals and former lessees, were in unauthorised possession of these properties, often for extended periods and for non-defence purposes.

NGO’s Plea for Accountability and Oversight

The court was also addressed by advocate Prashant Bhushan, representing NGO Common Cause, which filed the original public interest litigation (PIL) in 2014 seeking a probe into the alleged encroachments and irregularities in the management of defence lands nationwide.

Bhushan urged that the existing mechanisms were insufficient and that the panel’s efforts needed to focus at the “micro level.” He referenced a report by the Comptroller and Auditor General (CAG), which had earlier suggested the establishment of an independent regulatory body to oversee the management and protection of defence properties.

Responding to these arguments, the bench observed that any institutional framework created to address encroachment would have to work in coordination with local revenue officials and law enforcement agencies, given that enforcement ultimately depends on local administrative cooperation. “Once the interim report is filed, we will see what directions can be issued,” Justice Surya Kant said.

Defence Land Encroachments: The Scale of the Issue

The magnitude of the problem was highlighted in the affidavit filed by the Centre earlier this year, on July 30, 2025, which revealed that 2,024 acres out of a total 75,629 acres of defence land were encroached upon by individuals, while an additional 1,575 acres were under unauthorised occupation by former agricultural lessees.

According to the affidavit, approximately 819 acres of land are occupied by state and central government departments or their undertakings for public utility purposes such as roads, schools, public parks, bus stands, and administrative buildings. While many of these uses are not illegal per se, the Centre stated that they often lacked formal approval or land exchange agreements with the Ministry of Defence.

The affidavit also clarified that the Defence Estates Organisation manages about 75,629 acres of land, divided among Class A-2, B-3, B-4, and C categories. Of this, 52,899 acres lie within cantonments, while 22,730 acres are outside. The report further revealed that the ministry has already initiated eviction proceedings against individuals and entities in unauthorised possession, with several cases pending due to procedural and judicial delays.

Eviction Efforts and Digitisation of Land Records

The Centre said it is engaging with various state governments to explore land exchange mechanisms, under which the defence ministry may receive equivalent land parcels in return for those currently occupied for civilian or public-utility purposes.

To enhance transparency and efficiency, the Directorate General Defence Estates (DGDE) has implemented an encroachment reporting module within its real-time land record management system, developed in-house. The digital tool allows Defence Estates Officers and Cantonment CEOs to record and report encroachment incidents directly to designated estate officers, ensuring centralised monitoring and accountability.

The Ministry of Defence further highlighted the preventive measures it has taken to secure vulnerable plots of land, including raising boundary walls and installing fencing around high-risk areas. According to its data, about 1,715 acres of defence land have been cleared of encroachments in the past decade, with 220 acres reclaimed this year alone, aided by the use of modern survey technologies and cooperation from local authorities.

Challenges in Enforcement

Despite the progress, the Centre admitted that the Defence Estates Organisation continues to face serious operational challenges in carrying out eviction proceedings. These include:

• Non-availability of police and magistrate support during demolition or eviction drives
• Judicial stay orders obtained by occupants to delay action
• Procedural delays in coordinating with local administrative departments
• Lack of infrastructure for on-ground enforcement

The government told the Supreme Court that these obstacles have often led to significant delays in reclaiming land and necessitated judicial intervention for smoother execution.

Supreme Court’s Previous Observations

The Supreme Court has been monitoring the issue of encroachment and misuse of defence lands for years. On May 7, 2025, the court had expressed concern over irregularities in allotments and unauthorised constructions within cantonment areas. Without naming specific locations, the bench pointed to the presence of palatial bungalows, luxury complexes, and large commercial establishments, some allegedly built through collusion between private developers and Defence Estates Officers.

These revelations prompted the court to consider forming a special probe team to investigate instances of illegal transfers and misuse of defence land — an issue that touches upon both national security and public accountability.

The current hearing is a continuation of a PIL filed in 2014, where the petitioner, Common Cause, sought a CBI investigation into the alleged encroachments and the systemic corruption within the Defence Estates administration. Since then, the case has evolved into a broader inquiry into land management practices, transparency in defence property allocation, and the role of civilian encroachments in compromising military readiness and governance.

The Way Forward

With the Supreme Court now awaiting the interim report from the high-powered committee, the focus will be on how effectively the government can balance eviction, regularisation, and land exchange measures. The court’s eventual directions are expected to determine not only how the encroachments are addressed but also how future defence land management policies are designed.

Experts believe that this exercise could lead to a more digitally integrated, transparent, and accountable land governance system within the Defence Estates Organisation. However, they also warn that unless state governments and local authorities cooperate fully, eviction drives may continue to face delays.

For now, the Centre’s affidavit and the Supreme Court’s insistence on accountability signal a renewed effort to reclaim valuable national assets from unauthorised possession — an issue that has persisted for decades despite multiple administrative and audit interventions.