P. 1
Every Benefit Conferred on Any Individual Must Be Made Public by Government

Every Benefit Conferred on Any Individual Must Be Made Public by Government

|Views: 1,742|Likes:
JUSTICE G.S. Singhvi, & JUSTICE Asok Kumar Ganguly in Akhil Bharatiya Upbhokta Congress v. State of Madhya Pradesh and others reported in JT 2011 (4) SC 311. Every action/decision of the State and/or its agencies/instrumentalities to give largesse or confer benefit must be founded on a sound, transparent, discernible and well defined policy, which shall be made known to the public by publication in the Official Gazette and other recognized modes of publicity and such policy must be implemented/executed by adopting a non- discriminatory or non-arbitrary method irrespective of the class or category of persons proposed to be benefited by the policy. The distribution of largesse like allotment of land, grant of quota, permit licence etc. by the State and its agencies/instrumentalities should always be done in a fair and equitable manner and the element of favouritism or nepotism shall not influence the exercise of discretion, if any, conferred upon the particular functionary or officer of the State
JUSTICE G.S. Singhvi, & JUSTICE Asok Kumar Ganguly in Akhil Bharatiya Upbhokta Congress v. State of Madhya Pradesh and others reported in JT 2011 (4) SC 311. Every action/decision of the State and/or its agencies/instrumentalities to give largesse or confer benefit must be founded on a sound, transparent, discernible and well defined policy, which shall be made known to the public by publication in the Official Gazette and other recognized modes of publicity and such policy must be implemented/executed by adopting a non- discriminatory or non-arbitrary method irrespective of the class or category of persons proposed to be benefited by the policy. The distribution of largesse like allotment of land, grant of quota, permit licence etc. by the State and its agencies/instrumentalities should always be done in a fair and equitable manner and the element of favouritism or nepotism shall not influence the exercise of discretion, if any, conferred upon the particular functionary or officer of the State

More info:

Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/18/2012

pdf

text

original

land which was reserved and allotted to respondent No.5 was shown as

public and semi public (health). The State Government modified the plan by

invoking Section 23-A(1)(a) of the Act for the purpose of facilitating

establishment of an institute by respondent No. 5 and not for any proposed

project of the Government of India or the State Government and its

enterprises or for any proposed project relating to development of the State

or for implementation of the Town Development Scheme. As a matter of

fact, the exercise undertaken for the change of land use, which resulted in

modification of the development plan was an empty formality because land

had been allotted to respondent No.5 almost two years prior to the issue of

notification under Section 23–A (1)(a) and the objects for which respondent

No.5 was registered as a trust have no nexus with the purpose for which

modification of development plan can be effected under that section.

Therefore, there is no escape from the conclusion that modification of the

5

development plan was ultra vires the provisions of Section 23–A(1)(a) of the

Act.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->