Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administrative Law - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Administrative Law - Government action - Allotment of land by State Government, without open advertisement andpublic offer - Challenge to - The State Government issued advertisement for allotment of land for setting up of an intergrated ICSE affiliated school to which 'SG', a cricketer of great repute, responded - A Committee of Government Officials considered all the applications and decided to allot the land in favour of 'SG' - Subsequently, 'SG', the allottee, wrote a letter to the State Government stating that after going through the norms of 'ICSE' norms he felt that allotment of a bigger plot was needed for getting affiliation and accordingly he made prayer for allotment of a bigger plot - 'SG' stated that he 'would like to surrender' the plot already allotted to him and would at the same time 'apply for a plot of a bigger area· - Within a month, the State Government allotted 'SG' a different plot, of a much bigger size, and in a different area, which was challenged by public interest litigants before the High Court in several writ petitions - High Court upheld the new/second allotment of bigger plot of land - On appeal, held: The new allotment of bigger plot in favour of 'SG', the allottee, cannot be sustained - The action of the Government was one of granting largesse inasmuch as land of which the Government is owner and which was allotted is a very scarce and valuable property - In the matter of granting largesse, Government has to act fairly and without even any semblance of discrimination - Admittedly, no advertisement was issued and no offer was sought to be obtained from the members of the public in respect of the new allotment of a much bigger plot - The second allotment was not brought about by the Government in its own discretion, assuming the Government could exercise its discretion in such a fashion but was in response to a written request of the allottee - The Government was so anxious to oblige the allottee by giving bigger plot that too with no loss of time, the said allotment was made by the Government admittedly without verifying whether the allottee had surrendered the previous plot allotted to him - From the facts disclosed, it is clear that such surrender took place much later - The Government made allotment of the new plot to the allottee on terms which were even more generous than the ones suggested by the allottee in his letter - Such action of the Government definitely smacks of arbitrariness and falls foul of Article 14 - The allottee selectively sought compliance of the ICSE norms only in asking for a bigger plot - Insofar as other norms were concerned, they were clearly flouted as seen in the constitution of the Trust set up by 'SG' to run the proposed school - Also, the new plot was marked in the working map as one meant for a college yet the same was given to the allottee for establishing an ICSE school - In making the impugned allotment in favour of 'SG', the State failed to discharge its constitutional role - Once the Government had initiated the process of advertisement, it could not jettison the same and allot a new plot to the allottee without any advertisement - The allottee may be a well-known sportsman but does not claim any expertise as an educationist - The impugned allotment of a different and bigger plot by the government in favour of the allottee without any advertisement, when initially advertisement was resorted to, and then it was given up and everything was rushed through in hot haste, was unreasonable and arbitrary, and the High Court was wrong in upholding the same - Constitution of India, 1950 - Article 14. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 411 |
Petitioner | Humanity And Anr. |
Respondent | State Of West Bengal And Ors. |
SCR | [2011] 8 S.C.R. 653 |
Judgement Date | 2011-05-26 |
Case Number | 4782 |
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