Security concerns land Assam hospital project near army camp in Supreme Court

New Delhi, Jan 14:  A proposed multi-speciality hospital overlooking an Army camp near the sensitive Indo-Bangladesh border in Assam’s Jorhat district has reached the Supreme Court after the Army raised security concerns, citing potential threats such as “drone movement” and the use of “long-range sniper rifles”.

The Army objected to the no-objection certificate (NOC) granted by the Jorhat Development Authority to the private developer, Dr. N Sahewalla and Company Pvt Ltd, arguing that the location of the multi-storeyed hospital could compromise security at the nearby military installation. It, however, clarified that it is not opposed to the hospital per se, but insisted on stringent safeguards.

Appearing for the Centre, Additional Solicitor General Vikramjit Banerjee said that if the hospital is permitted, it must have a concrete boundary wall exceeding 15 feet in height with separators, and “no windows of the hospital should face the Army camp”. He warned, “The situation now is very volatile at the Indo-Bangladesh border. It’s not the threat of long-range sniper rifles alone but nowadays, a drone can be brought in after having a view of the camp.”

A Bench of Justices Dipankar Datta and Satish Chandra Sharma observed that it must strike a balance between “public health” and “national security”. The court asked the ASG and senior advocate Siddharth Dave, appearing for the developer, to explore a solution within two weeks.

“We have requested ASG Vikramjeet Banerjee and senior advocate Siddharth Dave to sit together along with Col. Saurabh to explore ways and means for ensuring the nation’s security without overlooking the other important consideration of public health,” the court said in its January 8 order, adding that the Centre could assist if additional safeguards impose financial burdens on the developer.

Dave told the court that the company purchased 8 bighas and 17 lechas of land within Jorhat municipal limits and received building permission in March 2022, which was later cancelled following the Army’s objections. “No such conditions of constructing a 15-foot wall with a separator were put to anyone but me. There are other constructions and the place is crowded,” he argued.

Citing a 2016 Ministry of Defence notification reducing the restricted zone around defence establishments to 10 metres, Dave said the hospital site is nearly 70 metres away and does not require an Army NOC. Banerjee contested this, stating that even the boundary wall falls within 10 metres.

The Centre and the Army approached the apex court after the Gauhati High Court ruled in favour of the developer in August 2022.

PTI