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1 - 5 of 5 (0.19 seconds)Article 227 in Constitution of India [Constitution]
Akhil Bhartiya Upbhokta Congress vs Staet Of M.P. & Ors on 6 April, 2011
15. It may be helpful to refer to the Apex Court's judgment
in the case of AKHIL BHARATIYA UPBHOKTA CONGRESS
.vs. STATE OF MADHYA PRADESH AND OTHERS reported in
(2011) 5 SCC 29. It is held therein that the allotment of lands
must be founded on a sound, transparent, discernible and well-
defined policy. It is further held that the unfettered discretion is
totally incompetable with the doctrine of equality; the exercise of
unfettered discretion is the anti thesis to the concept of rule of
law.
Centre For Public Interest Litigation & ... vs Union Of India & Ors on 19 October, 2000
16. The Apex Court's judgment in the case of CENTRE
FOR PUBLIC INTEREST LITIGATION AND OTHERS v.
UNION OF INDIA AND OTHERS reported in (2012) 3 SCC 1
is also of immense value for deciding this case. The relevant
paragraphs of the said judgment are extracted hereinbelow:
Sri K C Raju S/O Late Channegowda vs Sri B D Sundara on 5 March, 2012
14. The question that falls for my consideration is whether
any relief can be granted to the petitioners based on the
Government's selection of the recipients for its largess. This
Court has held in the case of SRI K.RAJU vs. B.D.A. reported in
ILR 2011 KAR.120 that the discretion can not be exercised
according to private opinion. For the allotment of sites, a
transparent and an objective criteria, based on reason and fair
play, has to be evolved .
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