Sunday, 06 March 2022 | PNS | Nainital
In an important order, the Uttarakhand high court has held that national interest is more important than the interests of individuals and caste. Stating this, the high court upheld the government’s notification regarding acquisition of about 2.5 hectare land in Milam Johar area for setting up a forward post of the Indo-Tibetan Border Police (ITBP) and quashed a public interest litigation against the acquisition. The court also mentioned portions from the scriptures stating that instead of an individual or caste’s interests, the security of the nation and its integrity is more important.
According to the case details, the state government had on August 1, 2015 acquired 2.49 hectare land in Milam village of Munsyari Tehsil in Pithoragarh district for construction of an ITBP forward post. The villagers were also paid the compensation for the land acquired. However, villager Hira Singh Pangti and others challenged this notification of the state government in the high court. The petitioners had stated that they had been living in the village since 1880 and that under the article 342 of the Indian constitution, they were listed as members of Bhotiya tribe. Stating that they had been accorded special rights by the government, the petitioners had contended that acquiring their land was a violation of their rights. The counsel representing the government stated that the Milam village is about 20 to 25 kilometres from the line of actual control and is within the firing range of the Chinese army. Milam is the last village in the area connected by road where it is vital to have a post of the army or paramilitary force so that when needed, the necessary equipment and weapons can be transported to the site. The high court had completed hearing on the matter on October 5 last year and had reserved its judgement which was passed on Friday.
In this order which is also important from the strategic point of view, the single bench of justice Sharad Kumar Sharma also cited portions from the scriptures and the preamble to the constitution while upholding the government notification as important for national security and integrity.
