S. Amirthanathan vs Commander of the Army – SC FR APPLICATION NO. 236/2013-2023

In the case between S. Amirthanathan (Petitioner) and various State and military officials including the Commander of the Army and Commanding Officers (Respondents), the Supreme Court addressed alleged infringements of fundamental rights under Articles 12(1) and 14(1)(h) of the Constitution. The central issue was whether the continued occupation of privately owned land by the Army constituted a violation of the petitioners’ rights and whether legal title and lawful justification for such occupation existed. The petitioners contended that their family property, acquired in 1969 and subsequently occupied by the Army in 2012, was unlawfully seized, with similar claims made by petitioners in related applications concerning adjacent parcels. Upon analysis of title deeds, affidavits, surveyed pl