Document Fragment View
Fragment Information
Showing contexts for: article 304 in Dr. Ramesh Chennamaneni vs Union Of India And 4 Others on 9 December, 2024Matching Fragments
25. It needs to be noted that the 'public interest' cannot be given a narrow and restricted meaning. It has to be understood in the context of facts of a particular case and circumstances. In Babu Ram Verma v. State of Uttar Pradesh 5, High Court of 2016 SCC OnLine Bom 9003 1971 SCC Online All 40 BVR,J Allahabad defined the meaning and scope of 'public interest' as under:
"28. What is the meaning and scope of "Public interest."? Public interest in common parlance means an act beneficial to the general public. An action taken in public interest necessarily means an action taken for public purpose, public interest and public purpose are well-known terms, which have been used by the framers of our Constitution in Articles 19, 31 and 304(b). It is impossible to precisely define the expression 'public interest' or 'public purpose'. The requirements of public interest vary from case to case. In each case, all the facts and circumstances would require a close examination in order to determine whether the requirements of public interest or public purpose were satisfied. In Kalyani Stores v. State of Orissa [A.I.R. 1966 S.C. 1686.] , validity of a notification issued under Section 27 of the Bihar and Orissa Excise Act) 2 of 1915) imposing a new rate of Rs. 70/- per L.P. Gallon as duty on liquor was challenged on the ground that it was violative of Article 304 of the Constitution. While discussing the reasonableness of the restriction and the requirement of public interest, Shah, J., speaking for the Court, made the following observations:-
"Reasonableness of the restriction would have to be adjudged in the light of the purpose for which the restriction is imposed, that is, "as may be required in the public interest". Without entering into an exhustive BVR,J categorization of what may be deemed required in the public interest", it may be said, that restrictions which may validly be imposed under Article 304(b) are those which seek to protect public health, safety, morals and property within the territory." "