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1 - 9 of 9 (0.29 seconds)Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
15. The second limitation on the discretion of the government
in grant of largess is in regard to the persons to whom such
largess may be granted. It is now well settled as a result of a
decision of this Court in Ramanna D Shetty v. International
Airport Authority of India, that the government is not free, like
an ordinary individual, in selecting the recipients for its largess
and it cannot chose to deal with any person it pleases in its
absolute and unfettered discretion. The law is now well
established that the government need not deal with anyone, but
if it does so, it must do so fairly without discrimination and
without unfair procedure. Where the government is dealing
with the public whether by way of giving jobs or entering into
contracts or granting other forms of largess, the government
cannot act arbitrarily at its sweet will and, like a private
individual, deal with any person it pleases, but its action must
be in a conformity with some standard or norm which is not
arbitrary, irrational or irrelevant. The governmental action must
not be arbitrary or capricious, but must be based on some
principle which meets the test of reason and relevance. This
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rule was enunciated y the court as a rule of administrative law
and it was also validated by the court as an emanation flowing
directly from the doctrine of equality embodied in Article 14.
Akhil Bhartiya Upbhokta Congress vs Staet Of M.P. & Ors on 6 April, 2011
"49. State and its agencies and instrumentalities cannot give
largesse to any person at sweet will and whims of the political
entities or officers of the State. However, decision and action of
the State must be founded on a sound, transparent and well-
defined policy which shall be made known to the public. The
disposal of the government land by adopting a discriminatory and
arbitrary method shall always be avoided and it should be done in
a fair and equitable manner as the allotment on favouritism or
nepotism influences the exercise of discretion. Even assuming
that if the rule or regulation prescribes the mode of allotment by
entertaining individual application or by tenders or competitive
biding, the rule of law requires publicity to be given before such
allotment is made. CIDCO authorities should not adopt a pick
and choose method while allotting government land.
Furthermore, this Court has already stated in Akhil Bhartiya
Upbhokta Congress v. State of M.P.9 that the State or its agencies
or instrumentalities must give largesse founded on a sound,
transparent discernible and well-defined policy, which should be
made known to the public at large and further held that a rational
policy of allotting land on the basis of individual applications
cannot dehors an invitation or advertisement by the State or its
instrumentality, bringing it to the knowledge of public at large so
that the eligible persons should not be excluded from lodging
their competitive claims."
Padma vs Hiralal Motilal Desarda & Ors on 9 September, 2002
In Padma v. Hiralal Motilal Desarda & Others {(2002) 7 SCC 564}, the Apex
Court was dealing with the question as to how allotment and auction of flats and
plots has to be done, the Apex Court observed as follows:
Section 109 in The Chhattisgarh Municipalities Act, 1961 [Entire Act]
Centre For Public Interest Litigation vs U.O.I.& Ors on 8 April, 2016
In Centre for Public Interest Litigation & Others v. Union of India & Others
{(2012) 3 SCC 1)}, dealing with doctrine of public trust, the Apex Court held as
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thus:
Lok Prahari vs State Of U.P. & Ors on 1 August, 2016
20. We proceed to decide the present case in the light of the law laid down in
the aforesaid judgments.
Haryana State Warehousing Corp.& Ors vs Jagat Ram & Anr on 23 February, 2011
In State of Haryana & Others v. Jage Ram & Others {(1983) 4 SCC 556}
which was a case relating to auction of liquor vends, the Apex Court dealing with
the issue as to what is meant by "publicity" held as follows:
Sachidananda Pandey vs State Of West Bengal & Ors on 11 February, 1987
In Sachidanand Pandey & Another v. State of West Bengal & Others
{(1987) 2 SCC 295}, similar question arose and the Apex Court dealing with the
issue as to how the Government must deal with the public property held as
follows:
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