Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules 1956 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Area) Rules, 1956: Rules 7, 9 and Proviso.Government Land-Grant of-Price for-Determination under Rule 7--Land in excess of ceiling-Allotment under Rule 9-Government order regarding-Condition-Allottee of additional land in excess of ceiling area to pay prevailing market price-Delegation of power to Collector to quantify market price-Held not without authority of law.The respondent-cultivators were allotted Government land on temporary lease-hold basis in Gang Canal area. Subsequently, it was decided that they would be allotted lands on permanent basis under Rajasthan Colonisation (Permanent Allotment and Sale of Land in Gang Canal Areas) Rules, 1956 on payment of price determined by Government under Rule 7 of the Rules fixed vide Notification dated June 4, 1981. As some of the cultivators were found in possession of land in excess of the ceiling prescribed, it was decided to allot the excess land to the major sons of the cultivators treating them as a separate unit. Consequently, the Government issued order dated 9th May, 1985 under which the allottee of additional land in excess of the ceiling limit was to pay the prevailing market price. However, the Government instead of quantifying the market value itself, delegated the function to quantify the market price of the local area to the Collector under proviso to Rule 9 of the Rules. The Collector constituted a committee which fixed prevailing market price in that behalf and got it published along with the notification inviting application for allotment.The respondents filed writ petitions in the High Court challenging the power of the Collector to fix the market price contending that having faxed the scales of prices under Rule 7 at which the land allotted was to be charged the Government had no further power under rule 9 to fix the market value once again. The High Court held that the Collector as no power to fix the revised market rate, de hors Rule 7 and therefore his action was without the authority of law. The High Court rejected the contention of the State Government that the Collector had fixed the price as the Government had delegated that power to him and held that Rule 7 was the only source of power to fix the prices of land to be allotted and having exercised that power, Government cannot delegate that power to the Collector under Rule 9. |
Judge | N/A |
Neutral Citation | 1995 INSC 206 |
Petitioner | The State Of Rajasthan And Anr. |
Respondent | Tarsem Singh And Anr. |
SCR | [1995] 2 S.C.R. 1008 |
Judgement Date | 1995-03-23 |
Case Number | 4727 |
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