Irrespective of the Personal Rights of a person or a community, it can under no set of circumstances, override the rights or need of the defence of the country: The Uttarakhand high court

The Uttarakhand High Court passed a judgement on 4th of March, 2022 in which it subdued the queries of a division bench, which had a query arising between two contradictory judgements. This was seen in the case of Heera Singh Pangtey and others v. State of Uttarakhand and others (Writ Petition No.2364 Of 2015) and the case was presided over by The Honourable Mr. Justice Sharad Kumar Sharma.


Facts of the Case

The fact in the present Writ Petition is of a grave national concern, pertaining to regulating the frontier borders of the country, adjoining to the ‘Line of Actual Control’, which adjoins and shares the boundary lines of our neighbouring country, China, which is approximately about 20 to 25 Kms. only away from the land, in dispute, which is proposed to be acquired for the purposes of meeting out the defence need of the ITBPF, i.e., Indo Tibetan Border Police Force.

The issue would be, as to whether despite of there being certain limited statutory protection; having being granted to a specified class of reserved community, i.e. the Scheduled Tribes, whether their personal rights, if it is, at all prevailing under law, would prevail over the right and interest of the nation, i.e. our Motherland, particularly, when it calls for defending the critical and strategic border of our Nation, in order to have preparedness, to meet any unprecedented insurgencies or army aggression, by the neighbouring county China.



The court at the end passed a verdict, that Since the land is being acquired for the defence needs, this Court is of the view, that irrespective of whatsoever protection has been marginally granted by the Statute, it cannot be compromised under any set of circumstances to mitigate the defence need of the country, and particularly, when as per the ratios dealt with above, the petitioners right as envisaged by Article 300A are still protected.


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