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Supreme Court Reviews Hospital Project Near Indo-Bangladesh Border Amid Security Concerns

The Supreme Court is currently reviewing a proposed multi-speciality hospital in Assam's Jorhat district, which has raised security concerns from the Army due to its proximity to a military installation. The Army has highlighted potential threats, including drone activity and sniper rifles, prompting a discussion on balancing public health needs with national security. The court has instructed both parties to collaborate on finding a solution that addresses these concerns while considering the hospital's development. This case follows a previous ruling by the Gauhati High Court that favored the developer, making the Supreme Court's involvement crucial in determining the project's future.
 

Supreme Court Considers Security Risks of Proposed Hospital


New Delhi, Jan 14: A proposed multi-speciality hospital located near an Army camp close to the sensitive Indo-Bangladesh border in Assam's Jorhat district has come under scrutiny by the Supreme Court due to security concerns raised by the Army. The military has highlighted potential risks, including the threat of 'drone movement' and the use of 'long-range sniper rifles'.


The Army has expressed its objections to the no-objection certificate (NOC) issued by the Jorhat Development Authority to the private developer, Dr. N Sahewalla and Company Pvt Ltd. They argue that the hospital's multi-storeyed structure could jeopardize the security of the adjacent military facility. However, the Army clarified that it does not oppose the hospital itself but insists on implementing strict security measures.


During the proceedings, Additional Solicitor General Vikramjit Banerjee, representing the Centre, stated that if the hospital is allowed to proceed, it must include a robust boundary wall over 15 feet tall with separators, and emphasized that 'no windows of the hospital should face the Army camp'. He cautioned that the situation at the Indo-Bangladesh border is currently very unstable, noting that threats extend beyond sniper rifles to the potential use of drones.


A Bench comprising Justices Dipankar Datta and Satish Chandra Sharma remarked on the need to balance 'public health' with 'national security'. The court instructed the ASG and senior advocate Siddharth Dave, representing the developer, to seek a resolution within a two-week timeframe.


The court noted, 'We have asked ASG Vikramjit Banerjee and senior advocate Siddharth Dave to collaborate with Col. Saurabh to find ways to ensure national security while also considering the critical aspect of public health.' The court also mentioned that the Centre could provide assistance if additional security measures impose financial challenges on the developer.


Dave informed the court that the company had acquired 8 bighas and 17 lechas of land within the municipal limits of Jorhat and had received building approval in March 2022, which was later revoked following the Army's objections. He argued, 'No such requirements for a 15-foot wall with a separator were imposed on anyone else but me. There are other constructions in the area, and it is quite congested.'


He referenced a 2016 Ministry of Defence notification that reduced the restricted zone around defense establishments to 10 meters, asserting that the hospital site is approximately 70 meters away and does not necessitate an Army NOC. Banerjee countered this claim, stating that even the boundary wall would fall within the 10-meter limit.


The Centre and the Army have taken their case to the Supreme Court following a ruling by the Gauhati High Court in favor of the developer in August 2022.