No concept of gated community; roads not exclusive to local residents says K'taka HC
Bengaluru (PTI): Landowners or developers of a layout will not have any right over roads and other services once they relinquish control over it to the civic bodies, the Karnataka High Court said, upholding a judgement of a single judge bench. The Upkar Residences had filed a petition before the single judge bench against Pabba Reddy Kodandarami Reddy of Sree Lakshmi Venkateshwara Towers, Outer Ring Road, Bellandur seeking right of ingress and egress of the public in the approved layout.
Reddy had contended that it was a gated community and the roads were meant for exclusive use of the residents.
The single judge bench in its order passed on November 29, 2022 held that there was no concept of gated community and Reddy cannot interdict the use of roads by the public.
Reddy had challenged this by way of an appeal which was heard by a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit.
Dismissing the appeal, the division bench said, "We decline indulgence in the matter being broadly in agreement with the reasoning of the learned Single Judge that the roads in the layout concerned can be made use of both by the residents of the layout and others as well. This is consistent with condition No.11 incorporated by the competent authority while sanctioning the layout plan."
Condition 11 stipulates that the roads and public amenities are maintained by the civic authorities and allowed for use by all public.
The bench cited an earlier order of the HC in which the sanctity of condition 11 was upheld.
"In the absence of condition-11 subject to which the layout plan was approved, we would have appreciated the contention of the appellant that the roads in the subject layout were exclusively meant for its residents and therefore, outsiders cannot as a matter of right tread the same. However, that is not the case," it said.
The court, however, noted that even when Condition 11 is active, the residents can obtain special concessions to prevent the use of roads as a thoroughfare.
"It hardly needs to be stated that there is no impediment in law as it now obtains that for special reasons even with the stipulation of the condition-11 a specific concession can be obtained at the hands of the authorities that despite relinquishment of the roads and public amenity spaces, the said roads are not intended to be a thoroughfare and therefore, outsiders cannot as a matter of course can make use of the same," the bench said.
But once the roads are given up to the civic agencies, the original owners have no right over it, the HC said. "We need to clarify that once the relinquishment is done, the land owner or the developer of the layout will have no right whatsoever, which they had before relinquishment was done," the bench said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Rajnath to top commanders: Outmaneuver adversaries with strategic surprise
Jaipur/New Delhi (PTI): Defence Minister Rajnath Singh on Friday directed the top military commanders of the three services to integrate an "element of surprise" into modern warfare to outmaneuver India's adversaries and bolster strategic posture.
In his address at the joint commanders conference in Jaipur, Singh also described the Operation Sindoor as a testament to the "swift, precise, and joint response" of the Indian armed forces to safeguard national interests and called upon the military to remain ready to deal with any security challenges.
In their two-day deliberations, the commanders carried out a comprehensive review of the combat preparedness of the military in the wake of the evolving regional security situation.
Operation Sindoor was a demonstration of India's growing capabilities and a symbol of the nation's collective resolve and new military ethos, Singh said, a day after the first anniversary of Operation Sindoor.
He also unveiled a 'Joint Doctrine for Integrated Communication Architecture' that is aimed at strengthening doctrinal clarity, interoperability and integrated communications across the armed forces in future multidomain operations.
The joint commanders' conference, themed 'Military Capability in New Domains', brought together the top leadership of the defence ministry and the three services to deliberate on emerging security challenges and future readiness.
Comprehensive deliberations were held on future warfare, multidomain operations, technological transformation and joint capability development.
The conference witnessed extensive discussions on cognitive warfare, cyber resilience against evolving quantum and AI-enabled threats, military capability development in emerging domains, indigenous innovation and AI-enabled warfighting concepts.
It was attended by Chief of Defence Staff Gen Anil Chauhan, Chief of the Naval Staff Admiral Dinesh Kumar Tripathi, Chief of the Army Staff Gen Upendra Dwivedi, Chief of the Air Staff Air Chief Marshal AP Singh and Defence Secretary Rajesh Kumar Singh among others.
In his remarks, Singh asked the commanders to remain "future-ready" by learning from the operation as well as the current global security landscape.
He underscored the need to strengthen capabilities in artificial intelligence, autonomous systems, data analytics and secure communication networks to stay prepared in the rapidly evolving geopolitical security scenario. He emphasised that future conflicts will increasingly be shaped by hybrid threats, information dominance and operations conducted simultaneously across cyber, space, electromagnetic and cognitive domains, according to an official readout.
Highlighting the transformative impact of emerging technologies, Singh stressed on the importance of ensuring integrated national preparedness across all spectrums of conflict, it said.
Singh's remarks at the conference came a day after the first anniversary of Operation Sindoor.
The defence minister appreciated the progress achieved in enhancing jointness, integration and technological adoption across the three services, the readout noted.
Singh said that jointness constitutes a pivotal dimension within the transformative changes sweeping across the global defence sector.
"Future wars will not be won solely through weaponry, but through innovative thinking and enhanced synergy," he said.
The defence minister exhorted the commanders to cultivate the "element of surprise" to remain unpredictable to the nation's adversaries and secure a strategic edge in any given situation.
He, however, urged them to remain vigilant of the element of surprise of the enemy and always stay two steps ahead.
Singh also reiterated the Narendra Modi government's commitment to enhancing the capabilities of the defence forces through state-of-the-art weapons and platforms. He added that special focus is being laid on research in niche domains.
During the conference, he released a documentary film on Operation Sindoor.
The film reaffirms the nation's and defence forces' commitment to operational preparedness and decisive national response capabilities.
Demonstrations of advanced systems and platforms developed for intelligence fusion, operational planning and information management were also showcased during the conference reflecting growing integration of cutting-edge technologies into joint operational structures, according to the defence ministry.
The discussions will contribute significantly towards shaping India's future military transformation and integrated operational preparedness, it said.
