Karnataka Court Sets Aside Executive Guidelines, Emphasizes ‘No Person Can Be Deprived of His Property Save by Authority of Law

07 May 2024 8:19 AM

By: Admin

In a landmark decision, the court has set aside executive guidelines that imposed land-use restrictions near defense establishments. The judgment, delivered by [Name of the Judge] on [Date], emphasized that “no person can be deprived of his property save by authority of law,” citing Article 300-A of the Constitution of India.

The case involved a writ petition filed by Jambo Plastics Pvt. Ltd. And Merushikhar Infra LLP against the Chief Quality Assurance Establishment and the Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP). The petitioners sought to quash certain endorsements and letters, particularly those dated 15.07.2016 and 03.09.2016, that had been issued against them.

The court held that the Works of Defence Act, 1903, exclusively governs the imposition of land-use restrictions near defense establishments. “Executive instructions cannot abridge fundamental rights under Articles 19(1)(g) and 300A of the Constitution,” the court observed, citing previous Apex Court decisions.

The judgment also found that the guidelines were not issued in the name of the President, making them invalid under Article 77(3) of the Constitution. “Rights cannot be abridged by executive action without legislative backing,” the court added, referencing Article 13(2) and Article 19 of the Constitution.

As a result, the court directed the respondent-BBMP to proceed with the grant of the sanction plan without relying on the Guidelines. “The process is to be completed as per law, within a period of three months,” the court ordered.

Date of Decision: 29 August 2023

JAMBO PLASTICS PVT. LTD.vs CHIEF QUALITY ASSURANCE ESTABLISHMENT