| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Circulars Land Acquisition Estoppel Writs |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Land Acquisition - Release of Land from acquisition - Agreement for sale of land, after it was notified u/s.4 of Land Acquisition Act - Challenge to the acquisition proceedings by the vendor and vendee dismissed with liberty to ask for release of the land on the ground of parity - Writ petition by vendee for release of the land allowed - Held: High Court wrongly directed release of the land - The agreement to sell, entered into subsequent to the Notification under Land Acquisition Act, did not create any title in favour of the vendee - Rajasthan Land Acquisition Act, 1953 - s.4. Estoppel - There can be no estoppel against the law or public policy - A statutory body cannot be estopped from denying that it had entered into a contract which was ultra vires. Circulars/Notice/Guidelines - Executive instructions which have no statutory force, cannot override law - Therefore, any notice, circular, guidelines, etc. which run contrary to statutory laws, cannot be enforced - In the instant case, circulars issued be State Government, being inconsistent with the policy and law regarding acquisition, cannot be taken note of - Issuance of such circulars amounts to committing fraud upon statutes and also tantamounts to colourable exercise of power.Constitution of India, 1950 - Article 14 - Doctrine of discrimination - Held: Article 14 does not envisage negative equality - Doctrine of discrimination is applicable only when invidious discrimination is meted out to equals, similarly circumstanced without any rational basis or to relationship that would warrant such discrimination. Writs: Purpose, nature and grant of - Held: Primary purpose of writ is to protect and establish rights and to impose corresponding imperative duty existing in law - It cannot be granted unless an existing legal right of the applicant and existent duty of the respondent is established - Writ does not create or establish a legal right, but enforces one which stood already established - The writ is equitable in nature and thus its issuance is governed by equitable principles - Grant of writ is at the discretion of the Court - The Courts to exercise such discretion on the ground of public policy, public interest and public good. Writ of Mandamus - Grant of - Criteria discussed. Words and Phrases: 'Void' - Meaning of.'Discrimination' - Meaning of. |
| Judge | Hon'ble Dr. Justice B.S. Chauhan |
| Neutral Citation | 2013 INSC 94 |
| Petitioner | The Rajasthan State Industrial Development And Investment Corporation |
| Respondent | Subhash Sindhi Cooperative Housing Society Jaipur & Ors, |
| SCR | [2013] 4 S.C.R. 978 |
| Judgement Date | 2013-02-12 |
| Case Number | 7254 |
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