Supreme Court To Examine Constitutional Validity Of Works of Defence Act, 1903

The Supreme Court will examine the constitutional validity of the Works of Defence Act, 1903.

This law is invoked for restrictions upon the use and enjoyment of land in the vicinity of works of defence so that such land is kept free from buildings and other obstructions. The Act also deals with determination determining the amount of compensation to affected law owners.

The bench of Justices Vikram Nath and Ahsanuddin Amanullah was hearing a batch of civil appeals arising out of a Punjab and Haryana High Court judgment that dismissed challenge by land owners against a notification issued by the Central Government, imposing restrictions on the use of their land in the vicinity of ammunition depot.

"We have been hearing these matters at length, however, during the course of submissions an important issue which arises is with regard to the validity of (The) Works of Defence Act, 1903 (Act No.7 of 1903) as to whether the said enactment can be sustained or has to be declared unconstitutional being inconsistent with Part-III of the Constitution of India.", the court said while issuing notice to Attorney General for India and the Union of India.

Case details : GOYA RESORTS PVT LTD vs. UNION OF INDIA | CA 6079/2017

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