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1 - 9 of 9 (0.20 seconds)Section 15 in The Himachal Pradesh Housing and Urban Development Authority Act, 2004 [Entire Act]
Article 226 in Constitution of India [Constitution]
Centre For Public Interest Litigation vs U.O.I.& Ors on 8 April, 2016
In this regard, reliance is placed upon the judgment
passed by Hon'ble Apex Court in Centre for Public Interest
Litigation and others versus Union of India and others, (2012) 3
Supreme Court Cases 1, wherein it has been held as under:-
Akhil Bhartiya Upbhokta Congress vs Staet Of M.P. & Ors on 6 April, 2011
7. Reliance is also placed upon another judgment passed
by Hon'ble Apex Court in Akhil Bhartiya Upbhokta Congress
versus State of Madhya Pradesh and others, (2011)5 Supreme
Court Cases 29, wherein Hon'ble Apex Court held that State can
never allot land to the institutions/organizations engaged in
educational, cultural, social or philanthropic activities except by way
of auction. Hon'ble Apex Court in afore judgment has categorically
said that in such like cases, there is necessity to fix a reserve price
and thereafter same can be put to auction, so that maximum price/
amount is fetched. Most importantly, in afore case, Hon'ble Apex
Court ruled that State or its agencies cannot give largesse to any
person according to the sweet will and whims of the political entities
and/or officers of the State, rather every action/
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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 known to the
public.
New India Public School & Ors. Etc vs Huda & Ors. Etc on 15 July, 1996
In New India Public School v. HUDA [(1996) 5 SCC 510] ,
this Court approved the judgment of the Division Bench of the
Punjab and Haryana High Court in Seven Seas Educational
Society v. HUDA [AIR 1996 P&H 228 : (1996) 113 PLR 17] ,
whereby allotment of land in favour of the appellants was
quashed and observed: (New India Public School case [(1996)
5 SCC 510] , SCC p. 515, para 4)
"4. A reading thereof, in particular Section 15(3) read with
Regulation 3(c) does indicate that there are several modes of
disposal of the property acquired by HUDA for public
purpose. One of the modes of transfer of property as
indicated in sub-section (3) of Section 15 read with sub-
regulation (c) of Regulation 5 is public auction, allotment or
otherwise. When public authority discharges its public duty
the word 'otherwise' would be construed to be consistent with
the public purpose and clear and unequivocal guidelines or
rules are necessary and not at the whim and fancy of the
public authorities or under their garb or cloak for any
extraneous consideration. It would depend upon the nature of
the scheme and object of public purpose sought to be
achieved. In all cases relevant criterion should be
predetermined by specific rules or regulations and published
for the public. Therefore, the public authorities are required to
make necessary specific regulations or valid guidelines to
exercise their discretionary powers; otherwise, the salutary
procedure would be by public auction. The Division Bench,
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therefore, has rightly pointed out that in the absence of such
statutory regulations exercise of discretionary power to allot
sites to private institutions or persons was not correct in
law."
The Himachal Pradesh Housing and Urban Development Authority Act, 2004
Section 3 in The Himachal Pradesh Housing and Urban Development Authority Act, 2004 [Entire Act]
Section 5 in The Himachal Pradesh Housing and Urban Development Authority Act, 2004 [Entire Act]
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