Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Licence fee Salus Populi Suprema lex |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Fee - Licence fee - Shops situated in a busy market of Old Delhi - Notice dated 7-8-1980 issued by the Railways Authorities enhancing licence fee in respect of the said shops from Rs.21 per sq yards to Rs.270 per sq yards per annum - Representations there against by the shop licencees (appellants) - Railway Administration, after considering the case of the appellants, passed order dated 25-5-1987 enhancing the license fee @ Rs.270 per sq. yards with retrospective effect from 1-11-1980 - Writ petitions filed by the appellants - Dismissed by the High Court - On appeal, held: The enhanced license fee being 13 times, seems excessive, and though such observation was a/so made by the Railway Minister, but the enhanced license fee would be illusory when compared with the prevailing license fee in the said market as applicable to private shops - A State instrumentality must serve the society as a whole, and must not grant unwarranted favour(s} to a particular class of people without any justification, at the cost of others - Merely because the appellants (shop licencees) have been occupying the shops in question for a prolonged period of time, they cannot claim any special privilege - The enhanced license fee cannot be held to be unreasonable or arbitrary, and as warranting any interference by a court of equity- However, finding of the High Court that the notice dated 7-81980 remained unchallenged and therefore, application of order dated 25-5-1987 with retrospective effect was justified, not factually correct inasmuch as after receipt of notice dated 7-8-1980, appellants had made representations before the respondents-authorities raising all their grievances and certain interim relief was also granted pursuant to certain observations made by the Railway Minister - Thus, order dated 25-5-1987 should not be applied retrospectively - Enhanced license fee may be recovered from the appellants from the said date in accordance with law- Interim order passed earlier vacated. Constitution of India, 1950 - Articles 38 and 39 - Welfare state - Meaning, features and obligations of - Discussed - Maxims - "Salus Populi Suprema lex". |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 58 |
Petitioner | Lala Ram (d) By L.r.. & Ors. |
Respondent | Union Of India & Anr. |
SCR | [2013] 1 S.C.R. 577 |
Judgement Date | 2013-01-24 |
Case Number | 243-247 |
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