Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judgment/Order -Directions of Court-Interpretation of-Allotment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Judgment/Order -Directions of Court-Interpretation of-Allotment of retails outlets of petroleum products, LPG distributorship and SKO-LDO dealership allegedly influenced by political patronage/linkage-Allotments cancelled by Central Government-Challenge by aggrieved allottees-Supreme Court set aside order of Central Government and appointed a Committee to examine whether allotment was on basis of political patronage/linkage or other extraneous considerations-Committee's report challenged on the ground that it exceeded its powers in taking into account extraneous matters other than political linkage/paironage-Held, phrase 'other consideration' is not ejusdem generis with political linkage/ connection/parironage and takes within its sweep all considerations other than merit of the case-Committee considered the question on merits-Report of Committee cannot be said to be without power, authority or jurisdiction. Allegations were made that the retail outlets of the petroleum products, LPG distributorship and SKO-LDO dealership were allotted on the basis of political patronage/linkage. The alleged tainted cases of allotment were reviewed by the then Prime Minister. The Deputy Prime Minister, Minister of Petroleum and Natural Gas and the Minister of Parliamentary Affairs also participated in the review process. Subsequently, a formal order was issued by the Central Government cancelling all the allotments. The said order was challenged by aggrieved allottees by instituting Writ petitions in several High Courts. Transfer petitions were filed in this Court and this Court, in Order Lal Bajaj disposed of all the petitions by setting aside the cancellation order passed by the Central Government and by appointing a Committee comprising of a retired Judge of Supreme Court and a retired Judge of the Delhi High Court, to examine the cases of allotment. The Committee submitted its report which has been challenged in the present interim applications.It was contended before this Court that the Committee had limited power to consider whether the allotment was made due to political linkage and was tainted and nothing more and that the direction of this Court to the Committee to consider 'other extraneous matters' must be construed ejusdem generies i.e. political influence or of the like nature but the Committee illegally and unauthorisedly exceeded its jurisdiction by considering several other factors, such as, whether the applicants were eligible, whether the guidelines were followed in the grant of allotment and whether extraneous considerations weighed with the Board in giving marks to applicants. The applicants contended that the doctrine of equitable / promissory estoppel would also get attracted in all these cases. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 33 |
Petitioner | Mukund Swarup Mishra |
Respondent | Union Of India And Ors. |
SCR | [2007] 1 S.C.R. 825 |
Judgement Date | 2007-01-12 |
Case Number | 100 |
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