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Showing contexts for: procedural impropriety in Aditya Jain vs Indore Development Authority on 28 October, 2021Matching Fragments
33. Parties confined their arguments to the extent indicated above.
34. We have heard the parties at length and perused the record.
35. Before dealing with the rival contedtions, it is apposite to remind ourself the scope of judicial review in the matters of this nature. In (1985) 1 AC 374, at 415 (Council for Civil Services Union v/s Minister of Civil Services), Lord Diplock opined as under:-
".....one can conveniently classify under three heads the grounds on which administrative action is subject to control by judicial review. The first ground I would call 'illegality', the second 'irrationality' and the third 'procedural impropriety'."
(ii) 'Irrationality' denotes unreasonableness in the sense of Wednesbury unreasonableness.
(iii) Procedural Impropriety - The expression includes failure to observe procedural rules including the rules of natural justice or fairness wherever these are applicable."
(emphasis supplied)
37. The test laid down by Lord Diplock was quoted with profit by Supreme Court in Tata Cellular v/s Union of India reported in (1994) 6 SCC 651.
48. The judgment of Suprme Court in Municipal Council Neemuch (supra), which was followed by Division Bench in M/s. Narang Cold Storage (supra) was heavily relied upon by IDA. A careful reading of this judgment shows that it was poignantly held that the judicial review of administrative action is permissible where decision-maker acts contrary to the regulatory decision making power and where its decision is irrational and suffers from procedural impropriety. The relevant portion reads as under:-
"11. In the case of Municipal Council, Neemuch v. Mahadeo Real Estate, (2019) 10 SCC 738, the Apex Court has examined the scope of power of the High Court for judicial review of administrative action and summarized the ground upon which the administrative action is subject to control by judicial review i.e. (i) illegality- means the decision-maker must understand correctly the law that regulates his decision-making power (ii) irrationality & (iii) procedural impropriety."