1 904-wp 2324.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 2481 OF 2026 IN WRIT PETITION NO. 2324 OF 2023 (D) ( M/S JALDI TRADERS AND COMMERCE HOUSE PVT. LTD. VS THE COLLECTOR NAGPUR AND OTHERS ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders. Mr. A. P. Deshmukh, Advocate for petitioner. Ms. T. H. Khan, AGP for respondent No.1. Mr. C. J. Dhumane, Advocate for respondent Nos.2 to 5. CORAM : ANIL S. KILOR AND RAJNISH R. VYAS, JJ. DATE : SEPTEMBER 29, 2026 1) Heard. 2) This is an application moved by the respondent Nos. 4 and 5 for extension of period relating to keeping the judgment dated 30/03/2026 in abeyance for six months. 3) The applicants have come up with the grounds relating to National Security and possibility of tampering of planned operation or jeopardizing National Security. The para Nos.5 to 7 of the application are relevant, which read thus :- “5. It is submitted that the Borkhedi site is connected to two national highways (NH 44, and NH 361), making its access comparatively easy for elements of all kind. Unrestricted human activities adjacent to the boundary will pose the KOLHE 2026:BHC-NAG:12887-DB 2 904-wp 2324.2023.odt security threat for the confidential/restricted activities of DRDO at the site. Any act of sabotage, stand-off attacks, surveillance and leakage of information including photoes and videos of the vicinity of the installation would jeopardize national security efforts and hamper planned operations. Hence, it will be of mutual benefit for the DRDO and the residents of the nearby villages to be at the safe distance of 100 meters from the crest of the outer parapet/ boundary wall/fence of the Borkhedi Project site. Therefore, notification under “Works of Defence, is mandatory and the land/area in vicinity of CDEF-DRDE, Borkhedi site, Nagpur, need to be kept clear / free from any constructions/ obstructions and impose restrictions on free access to the areas in and around site. 6. It is submitted here that due to strategic importance of the site, the land in the vicinity needs to be kept free of encroachments, buildings and other obstructions and such restrictions are required to be imposed for the safety and security of this strategic site as it will be detrimental to national security and hamper the project activities of national importance. Hence, Borkhedi site was notified as ‘Works of Defence’ in the year 2010, vide S.R.O. 49 dated 23/09/2010 published in ‘The Gazette of India’ Registered Number D.L.(N) 04/0007/2003-05 published on 07th October 2010, and Gazette notification by Government of Maharashtra, Revenue Department, O/o The District Magistrate, Nagpur vide No.Home/Ajind/ 14(1)/Kavi-345/2023 dated 26/03/2023. 7. It is submitted here that in pursuance to the Order of this Hon'ble Court wherein “The Central Government would be at liberty to publish a fresh declaration under Section 3 of the Act of 1903 within the above time, where after such fresh declaration shall come into force from the date of its publication”. Accordingly, CDEF-DRDE, Borkhedi has 06 (six) months period to get fresh notification published from Government of India through a fresh SRO. Paragraphs given below KOLHE 3 904-wp 2324.2023.odt elucidate the action which CDEF-DRDE, Borkhedi has taken post aforesaid Order.” 4) The non-applicant/petitioner by way of reply stated that it has no objection to extend the time period by three months. However, considering the above referred paragraphs and the time required for issuance of notification, we are of the opinion that the time period should be extended by nine months. 5) Accordingly, the civil application is allowed. 6) The time period is extended by nine months with effect from 29/09/2026. 7) The civil application stands disposed of, accordingly. ( RAJNISH R. VYAS, J. ) ( ANIL S. KILOR, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 29/09/2026 18:28:34