Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 : Article 14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transferred Case |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950:Article 14-Allotment of Petrol Pumps by Government-Controversy raised regarding some allotments-Cancellation of all the allotments-Challenged as arbitrary and violative of the provisions-Held, equal treatment of unequals is inequality-To put both categories, the tainted and the rest at par is unjustified, arbitrary and unconstitutional-Alleged tainted allotments required lo be scrutinized by independent Committee-Direction for Constitution of Committee-Cancellation order quashed except in respect of cases referred lo the Committee.Article 226--Judicial Review-Scope of-Arbitrary exercise of executive power-Deserves to be quashed-But if two views are possible and the Government lakes one of it, ii would not be.amenable to judicial review on the ground that other view, according to the Court is a better view.Administrative law:Governance-Principle of-Held, governance has to be tested on the touchstone of justice, equity and fail play and if it is not based thereon, but to achieve popular accolade, the decision cannot be allowed 10 operate.Words and Phrases-"Public interest'' and "probity in governance"-Meaning ofSince January 2000, allotments were made with respect to retail outlets of diesel and petrol, LPG distributorship, Superior kerosene Oil (SKO) and Light Diesel Oil (LDO) dealerships, to 3760 intending persons, on the recommendation of Dealer Selection Boards (DSB). Media exposed 417 names as tainted allotments. The controversy regarding 160 out of these names were raised upto 5th August, 2002 and regarding the rest it was raised between 6th and 24th August, 2002. In view of the controversy raised by the media, Prime Minister reviewed the matter on 5th August, 2002 and directed the Ministry of Petroleum and Natural Gas to initiate steps to cancel all the allotments made w.e.r. January 2000 till 5th August, 2002. Thereafter formal order was passed by the Ministry on 9th August,' 2002 for cancellation or all theĀ· allotments except the allotments made to the allottees under Operation Vijay Scheme. Writ Petitions were filed in various High Courts challenging legality of the order dated 9th August, 2002. Union of India filed transfer petitions and this Court directed transfer of certain writ petitions to itself.Writ petitions filed by allottees whose cases were highlighted by the media, were transferred as another category of representative cases. A large number of intervention applications were also filed by different categories of persons. Petitioners and interveners contended that en masse cancellation of - allotments was an arbitrary exercise of executive power and the same was unconstitutional being violative of Article 14 of the Constitution.Respondent-State contended that the order was justified as the same was taken in order to uphold the probity in governance, ensure fair play in action and in larger public interest; that allotments could en masse be legally cancelled without individually examining each case and without affording any opportunity to the concerned to represent their cases; that the petitioners had no legal right which could be enforced u/s 226 of the Constitution as the same was only a contractual right; that the petitions were only a disguise suits under Specific Relief Act despite the fact that F the contract was notĀ· enforceable even under the Act because the agreements could be cancelled without assigning any reason. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2002 INSC 570 |
Petitioner | Onkar Lal Bajaj Etc. Etc. |
Respondent | Union Of India And Anr. Etc. Etc. |
SCR | [2002] Supp. (5) S.C.R. 605 |
Judgement Date | 2002-12-20 |
Case Number | 80 |
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