“No Public Right Is Superior To Defence Of The Country”: Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
Case: Heera Singh Pangtey and Ors. v. State of Uttarakhand and Ors.
Coram: Justice Sharad Kumar Sharma
Case No.: Writ Petition (M/S) No. 2364 of 2015
Court Observation: “I am of the view that the defence purposes of the country acquire the driver’s seat, and would be predominantly overriding all the restrictive intentions of the Act of 2013, since being contrary to the constitutional intention, for protection of individual rights or even for a right of a class of Society, because this Court is of the view that no individual rights or even for that matter even public rights, can be at any moment be taken to be the superior rights, than to the right of defence of the Country, because of which, we all citizens are thriving peacefully, because our frontiers areas of the Country, are in the safe hands of our gallant army and para military personnel. That is what has been even intended by the preamble of the Constitution of India.”
“This Court is of the opinion, that the area of hearing of objections, under the different heads, which had been provided therein under Section 15 of the Act of 2013, will not be attracted or have its applicability, because the purpose herein as expressed in the notification of 08.08.2015, was for establishment of Border Out Post, adjoining to the Line of Actual Control, would not be an aspect, which at all could be left open for speculations and assessment by the executive or administrative authorities, because it could be best and with utmost perfection be only scrutinized by the defence forces authorities, to suit their need of deployment of armed personnel or establishment of their border out posts, which cannot be left open to be assessed by the executive…”
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