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Anil Sabharwal vs State Of Haryana And Ors. on 21 March, 1997

10. In this case, the recommendation of allotment of plot of the plaintiff by the Trust was turned down by the government. It may be mentioned here that this allotment by the Trust was in violation of the said rules. If allotment was in violation of any provision of the Act or the rules framed thereunder, allotment has to fall on the ground. It was held in Anil Sabharwal v. State of Haryana and Ors., (1997-3) 116 P.L.R. 7 (F.B.) that property acquired for public purpose cannot be misused for the benefit of few individuals in the garb of allotment under discretionary quota. There can be no unbridled and unguided discretion to allot plot to any individual according to the whim and fancy of the authority in whom this discretion vests. Discretion of statutory body is never unfettered. It is a discretion which is to be exercised according to law. That means at least this: the statutory body must be guided by relevant considerations and not by irrelevantly. If its decision is influenced by extraneous considerations which it ought not to have taken into account, then the decision cannot stand. No matter the statutory body may have acted in good faith: nevertheless the decision will be set aside.
Punjab-Haryana High Court Cites 42 - Cited by 37 - H S Bedi - Full Document
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