Union Of India & Anr vs M.M. Sarkar on 8 December, 2009
12. As far as the instance of Mr. Bhola Nath Sonawan is concerned, this
Court is of the view that Article 14 of the Constitution is a positive concept
and cannot be enforced in a negative manner. Irregularity and illegality, if
any, cannot be perpetuated on the ground that illegal benefits have been
extended to others. [See Union of India v. M.K. Sarkar, (2010) 2 SCC 59
and Basawaraj and Another Vs. Special Land Acquisition Officer, (2013)
14 SCC 81].