After 6 years of legal battle with the Defence of India, Amplus Realty Fund finally received a favourable order from the Karnataka High Court, directing local authorities to ignore any objections raised by Defence against the development of the project in its vicinity.
This is a landmark judgment where the Hon'ble High Court held that fundamental rights of citizens cannot be taken away by mere executive orders or guidelines.
Karnataka High Court's ruling establishes a crucial legal precedent that will benefit 1000s (thousands) of projects throughout India facing similar challenges, particularly in places like Delhi, Mumbai, Pune, and Bangalore, where thousands of acres of Defence land are located in the heart of the city, and Defence is objecting to developing any project within a 500-meter radius.
The Karnataka High Court said authorities in the Ministry of Defence cannot issue guidelines by exercising executive powers to impose restrictions on proposed constructions within the vicinity of defence establishments.
“When the legislative scheme contained in the Works of Defence Act, 1903, provides for a methodology for imposition of restrictions regarding proposed construction in the vicinity of a defence establishment, they cannot resort to exercise of executive power to impose such restrictions,” the court said.
It has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to proceed considering the sanctioned plan for a residential project on Tumakuru Road without insisting on MoD guidelines. Guidelines restricting construction activities in the vicinity of the Ministry of Defence (MoD) installations are not issued in the President of India’s name, the Karnataka High Court has observed.
The court has established a significant precedent regarding the fundamental rights of citizens and the executive's power to restrict them.
