Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Natural Resources Allocation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Natural Resources Allocation:Allotment of land – To educational institution – By the State –For shifting the institution from a Waqf property, pursuant to orderby the Waqf Authority to evict the premises – Out of the 4 kanalsallotted land State charged the inst itution only for 2 kanals@ Rs. 8,00,000/- per kanal while 2 kanals were allotted free of cost– Writ petitions challenging the allotment, on the ground interaliathat the property was not put in auction – Single Judge dismissedthe writ petitions – Division Bench of High Court quashed theallotment – On appeal, held: When there is transfer of land by theState, allocation must be guided by consideration of the commongood as per Art. 39(b) and must not be violative of Art. 14 – Thisdoes not necessarily entail auction of the resources – It is discerniblefrom the facts and circumstances of the case that the land was allottedkeeping in mind public interest in education of hundreds of children– The circumstances of the case warranted deviation from thestandard procedure of auction, to prevent prejudicing future of thechildren studying at the institution – Moreover, the allotment was inthe nature of an exchange of the Waqf land – The action of theState in allotting the land does not suffer from vice of arbitrarinessas the same is backed by a welfare purpose – the action of the Statewas fair, reasonable, transparent, unbiased, without favoritism andnepotism – However, the action of the State in allotting 2 kanalsfree of cost was bad in law as there is nothing on record to showthat the institution was being run purely for charitable andeducational purposes – The allotment/transfer (of the land allottedfee of cost) can be saved by giving the transferee an opportunity tomake good the shortfall in the consideration by paying for the twokanals @ Rs. 8,00,000/- per kanal with interest @ 6% per annumfrom the date of allotment, till the date of payment – Constitution ofIndia – Arts. 14 and 39(b) – Auction. – Tender. Constitution of India:Art. 14 – Arbitrariness under – Test of – Held: An executiveaction would not be arbitrary merely because the action is notexplicitly stated to have been taken for a particular reason or basedon a particular principle which in itself is reasonable – It is open tothe Court to see whether such a reasonable principle is discerniblefrom the facts and circumstances of the case.Arts. 38 and 39 – Rights under – Held: The rights u/Arts. 38and 39 covers means of livelihood, health and the general wellbeingof all the sections of the people in society, of which educationis an important part.Auction/Tender:Need of public auction or floating of tenders – In case ofallotment/transfer of land by State – Held: Generally the State shouldresort to public auction or floating of tenders for transfer of itsland – However, non-floating of tender or non-conducting of publicauction cannot be deemed in all cases to be an arbitrary exerciseof executive power, if the decision of the executive is result of a fairdecision-making process – Constitution of India – Art. 14. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2018 INSC 1018 |
Petitioner | J.s. Luthra Acadmy & Another |
Respondent | State Of Jammu And Kashmir & Others |
SCR | [2018] 10 S.C.R. 1098 |
Judgement Date | 2018-10-30 |
Case Number | 7184-7185 |
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