Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delegation of legislative and non-legislative powers Major Port Trust Act 1963 Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Administrative Law:Delegation - Meaning of - Discussed.Delegation of legislative powers and non-legislative/ administrative powers - Distinction between - Discussed.Major Port Trust Act, 1963 : -Object of - Discussed.s.21 - Delegation of power to terminate the lease and issue ejectment notices - Lease granted by Port Trust to petitioner - Lease deeds issued by the Land Manager - Termination of lease by the Land Manager- Challenged on the ground that Land manager has no competence to issue ejectment notices - Held: s.21 provides for delegation of power of Board on the Chairman - Every contract is to be made by Chairman who is authorised to issue ejectment notices - In the instant case, the decision to terminate was taken by the Chairman only - In implementation of the decision taken by the Chairman to terminate the leases, the Chairman authorized the Land Manager to issue the ejectment notices - The issuance of such notices was a mere ministerial act for the implementation of a decision already taken by the Chairman as delegated by the Board - The Chairman having duly authorized the Land Manager in that regard, it cannot be said that the ejectment notice issued by the Land Manager was without jurisdiction - It was not a case of sub-delegation - It was merely a ministerial exercise of issuance of a notice in implementation of the decision, as per the specific authorization in that regard Viewing the situation from another angle, s.21 of the General Clauses Act, 1897 provides that power to issue would include power to add, amend, vary or rescind-Admittedly, in the case of the petitioners, the lease deed was executed by the Land Manager - The execution of the lease deed was as per the decision by the competent authority- The lease, therefore, could be terminated by the same authority who executed the lease deed, after a decision has been made in that regard by the competent -authority - General Clauses Act, 1897 - s.21 -Administrative law- Delegation of power. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 284 |
Petitioner | Sidhartha Sarawgi |
Respondent | Board Of Trustees For The Port Of Kolkataand Others |
SCR | [2014] 14 S.C.R. 1493 |
Judgement Date | 2014-04-16 |
Case Number | 18347 |
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