Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Policy decision Administrative Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Administrative Law: Policy decision - Setting up of International FinancialServices Centre - Joint venture company with 50:50 publicprivate participation - Approval by Central Government -Allotment of land to Company - Challenged on the basis ofreport of CAG that State Government did not adopt a uniformpolicy in alienation and allotment of land -ยท Held: A decisiontaken In good faith, with good intentions, without anyextraneous considerations, cannot be belittled, even if thatdecision was ultimately proved to be wrong - Non-floatingof tenders or absence of public auction or invitation alone isnot a sufficient reason to characterize the action of a publicauthority as either arbitrary or unreasonable or amounting tomala fide or improper exercise of power - Keeping in viewthe various orders passed by State Government andresolutions allotting lands to fourth respondent and also thenotification issued under Special Economic Zones Act, 2005,High Court has rightly held that it cannot be said that StateGovernment has acted against public interest - Governmenthas noticed development and employment opportunities thatthe project would bring into the State - Decision taken byGovernment was also transparent - Further. these are purelypolicy decisions taken by State Government and, while so, ithas examined the benefits the project would bring into theState and to its people - It is open to the State and theauthorities to take economic and management decision depending upon the exigencies of a situation guided byappropriate financial policy notified in public interest - Thatis what has been done in the instant case - Public InterestLitigation. Comptroller and Auditor General of India:Power of CAG - Explained. |
Judge | N/A |
Neutral Citation | 2013 INSC 770 |
Petitioner | Pathan Mohammed Suleman Rehmatkhan |
Respondent | State Of Gujarat & Ors. |
SCR | [2013] 12 S.C.R. 446 |
Judgement Date | 2013-11-22 |
Case Number | 32507 |
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