Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jaipur Development Authority Act 1982 Rajasthan Improvement Trust (Disposal of Urban Land) Rules 1974 Public Interest Litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest Litigation - Grant of lease of 100 acres of land for 99 years - By State Government- To private party - Around Mansagar Lake in Jaipur - For restoration and conservation of the lake into an attractive tourist destination - Grant of lease challenged in PIL in High Court - Petitions allowed - On appeal, Held: The public interest litigation clearly fail the test of utmost good faith - Sufficient economic diligence were used before issuing the Request for Proposal and subsequently accepting appellant's highest financial bid - There was no mala fide in the decision making process - Entire 100 acres was not part of the lakebed - As per revenue entries only 8.65 acres land is classified as 'gairmumkin talab' (fakebed) and the balance land that is 100 acres less 8.65 acres is recorded as 'Banjar' - Therefore area of 8. 65 acres shall stand re-transferred to the Government - Area of 14. 15 acres although shall be notionally treated as part of the lease deed, it shall be treated as a construction-free zone - Remaining portion of the land, forming part of the lease-deed shall remain intact to be used by the lease-holder as per the terms and conditions of the lease-deed already executed - However, grant of lease for 99 years is not permissible under Rules - The maximum period for the lease-deed as per the Rules could not have been more than 30 years - Therefore, the period of lease reduced to a period of 30 years which should ordinarily start from the date of its execution - But in view of the fact that much time has lapsed after execution of the lease deed in 2005 due to delay on account of the litigation, period of 30 years shall be counted from the date of the instant judgment - After expiry of 30 years of lease period and in case the lease deed is not renewed in favour of the present lease-holder, the State to compensate them at B the market value of the project including compensation for the loss of business and profit - Jaipur Development Authority Act 1982 - Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974 - r. 18Judicial review - scope of - Held: The power of judicial review of the executive and legislative action must be kept within the bounds of constitutional scheme, in consonance with the principle of separation of powers - Interference with the decisions of the State Authorities which are based on the opinion of the experts, technocrats, and the State administrators would lead to a friction among the three organs of the State and would affect the principle of separation of powers. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 342 |
Petitioner | Jal Mahal Resorts P. Ltd. |
Respondent | K.p. Sharma & Ors. |
SCR | [2014] 11 S.C.R. 765 |
Judgement Date | 2014-04-25 |
Case Number | 4912 |
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