Karnataka HC argues national security overrides personal rights: The wider industry impact

Karnataka HC argues national security overrides personal rights: The wider industry impact

A division bench comprising Justices DK Singh and H Shanthi Bhushan made the observation while setting aside a single-judge order passed in 2014, quashing the acquisition proceedings initiated in 2005

Bengaluru: In a big relief for Defence Research Development Organisation ( DRDO ), Karnataka high court has upheld the acquisition of one acre 27 guntas of land at Benniganahalli village, KR Pura, emphasising that national security is paramount and must always take precedence over individual interests or personal rights. A division bench comprising Justices DK Singh and H Shanthi Bhushan made the observation while setting aside a single-judge order passed in 2014, quashing the acquisition proceedings initiated in 2005.

The division bench said the fact that a portion of the acquired land was vacant or had not been immediately utilised could not, by itself, invalidate the acquisition. In the present era, where threats to national security are increasingly influenced by technology, automation, artificial intelligence, robotics and sophisticated systems, institutions such as CAIR assume vital importance,” the bench said. The single bench had held that the enquiry giving landowners the right to file written objections against the proposed acquisition had not been properly conducted by the authorities. The landowners claimed that their lands remained unutilised. DRDO had filed four separate writ appeals against the order. “The need of the defence department assumes particular significance in view of the nature of the project. The Centre for Artificial Intelligence and Robotics (CAIR), being a premier defence laboratory, is engaged in work connected with advanced technological research and development for national defence. “Its continued research and technological advancement are essential to strengthening the nation’s defence and security. The requirement of land for such an institution cannot be equated with an ordinary acquisition undertaken for a routine governmental activity. The land is required not merely for construction, but for establishing and maintaining an integrated, secure and protected defence research facility,” the bench noted. “The land is stated to fall within the protected area of the defence establishment. Its retention outside the project area would not only affect the completion of the CAIR project but may also create difficulties in maintaining the security, continuity and integrity of the defence facility. The requirement of a compact and protected area is a relevant consideration in a defence acquisition,” the division bench observed while ruling in favour of DRDO.

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