“56. It is a settled legal proposition that Article 14 is not
meant to perpetuate illegality and it does not envisage negative
equality. Thus, even if some other similarly situated persons
have been granted some benefit inadvertently or by mistake,
such order does not confer any legal right on the petitioner to get
the same relief. (Vide Chandigarh Admn. v. Jagjit Singh AIR
1995 SC 705; Yogesh Kumar v. Government of NCT of Delhi
AIR 2003 SC 1241; Anand Buttons Ltd. v. State of Haryana AIR
2005 SC 565; K.K. Bhalla v. State of M.P. AIR 2006 SC 898;
Krishan Bhatt v. State of J&K (2008) 9 SCC 24; Upendra
22
Narayan Singh (supra); and Union of India v. Kartick Chandra
Mondal AIR 2010 SC 3455).
In K.K. Bhalla vs. State of M. P. & Ors: (2006) 3 SCC 581,
the Appeal before the Supreme Court arose against the judgement of the
Madhya Pradesh High Court passed in two Writ Petitions filed in public
interest questioning allotment of land in favour of the proprietor of Dainik
Bhaskar newspaper.
14. The petitioner has filed this writ petition alleging that despite
directions/orders/writs and directions given by this court in writ
petitions Indore Devpolment Authority has not taken any action and
sleeping over the matter which is nothing but the continuation of
illegal possession by the newspaper agencies over the plots without
there being any deed. This court vide order dated 19.02.2008 passed
in writ petition no.4806/2007 has directed the Indore Devpolment
Authority as well as the State Government to take final order. Now
Indore Devpolment Authority has taken a decision and divided 25
allotments into five categories and explain the action taken in respect
of the allotment falling in these five categories. In case of where the
allotment has been cancelled the newspaper agencies concerned
respondent has filed fresh petitions challenging the action. If the
petitioner is having any grievance against the said decision he may
intervene in those writ petitions. The State Government has taken a
cabinet decision in respect of 12 newspaper agencies therefore, now
no more issue is pending before the state government as well as the
Indore Development Authority .
A wrong order/decision in favour of any particular party does
not entitle any other party to claim benefits on the basis of
the wrong decision. Even otherwise, Article 14 cannot be
stretched too far for otherwise it would make functioning of
administration impossible. (Vide Chandigarh Admn. V. Jagjit
Singh, Anand Buttons Ltd. v. State of Haryana, K.K. Bhalla v.
State of M.P. and Fuljit Kaur v. State of Punjab.)"
9. Under Section 49 of the Act any person not being a State Government or Central Government or local authority intends to carry out any development of any land or building shall make an application in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed. The petitioner has submitted an application as mentioned supra seeking planning permission. The respondent, by its impugned communication, directed the petitioner to provide 10 meter width link road. It is contended by the petitioner that such a condition cannot be imposed as the road insisted by the respondent is neither a scheme road nor a proposed road as contemplated by the master plan for Medavakkam Village and approved by the Government. The said contention was not refuted by the respondent, however, it is argued on behalf of the respondent that under Section 49 (2) (c) of the Act, the respondent, as a planning authority, while deciding to grant or refuse such permission, keeping in mind the future development and maintenance of the planning area, impose such condition. It is relevant to mention Rule 2 (b) (ii) of Development Control Rules which says that while granting permission the Chennai Metropolitan Development Authority or other Authority or person to whom the Authority had delegated its powers may impose such restrictions and conditions as may be necessary under these rules, which means that any condition imposed shall be in compliance of the said Act or Rules, hence, the argument of the learned Advocate General that it is open to the respondent to keep in mind future development of maintenance of the planning area by imposing any condition, though they are not found in the Act and Rules, cannot be accepted. In the absence of power and or without following statutory requirements thereof, the respondent, in exercise of its executive power, could not have directed the petitioner to provide 10 meter width link road. Followed (K.K. Bhalla vs. State of M.P. And others) (2006) 3 Supreme Court Cases 581.
9.4 Learned counsel for the Appellant pointed out that the State Commission in
a bid to improve upon the reasoning provided in the Impugned Order to
disallow pass through of Additional Levy has set out elaborate arguments
in addition to what has been stated in the Impugned Order and the same is
impermissible in law as has been held in the various judgements of the
Apex Court namely K.K. Bhalla v. State of M.P. (2006) 3 SCC 581 and
Mohinder Singh Gill v. Chief Election Commr., (1978) 1 SCC 405 (Stated
Supra).