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1 - 9 of 9 (1.28 seconds)U.P.Avas Evam Vikas Parishad & Ors vs Om Prakash Sharma on 18 April, 2013
Satyawan and Ors. (1996) 4 SCC 208; Rajasthan Housing Board and Anr. v.
G.S. Investments and Anr. (2007) 1 SCC 477 and Uttar Pradesh Avas Evam
Vikash Parishad and Ors. v. Om Prakash Sharma (2013) 5 SCC 182).
Rajasthan Housing Board And Another vs G.S. Investments And Another on 31 October, 2006
Satyawan and Ors. (1996) 4 SCC 208; Rajasthan Housing Board and Anr. v.
G.S. Investments and Anr. (2007) 1 SCC 477 and Uttar Pradesh Avas Evam
Vikash Parishad and Ors. v. Om Prakash Sharma (2013) 5 SCC 182).
Laxmikant & Ors vs Satyawan & Ors on 19 March, 1996
However, the decision must not only be tested by the application of
Wednesbury principles of reasonableness but also must be free from
arbitrariness not affected by bias or actuated by mala fides. It was also
pointed out that quashing decisions may impose heavy administrative burden
on the administration and lead to increased and unbudgeted expenditure.
(See para 113 of the Report, SCC para 94.)”
The court does not have the expertise to correct the administrative
decision as held in Laxmikant and Ors. v. Satyawan and Ors. (1996) 4 SCC
208, the government must have freedom of contract.
Article 298 in Constitution of India [Constitution]
Section 41 in The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Entire Act]
The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013
Tata Cellular vs Union Of India on 26 July, 1994
“70. It cannot be denied that the principles of judicial review would
apply to the exercise of contractual powers by Government bodies in order
to prevent arbitrariness or favouritism, However, it must be clearly
stated that there are inherent limitations in exercise of that power of
judicial review. Government is the guardian of the finances of the State.
It is expected to protect the financial interest of the State. The right to
refuse the lowest or any other tender is always available to the
Government. But, the principles laid down in Article 14 of the
Constitution have to be kept in view while accepting or refusing a tender.
There can be no question of infringement of Article 14 if the Government
tries to get the best person or the best quotation. The right to choose
cannot be considered to be an arbitrary power. Of course, if the said
power is exercised for any collateral purpose the exercise of that power
will be struck down.”
M/S Master Marine Services Pvt. Ltd vs Metcalfe & Hodgkinson Pvt. Ltd. & Anr on 19 April, 2005
In Master Marine
Services (P) Ltd. v. Metcalfe & Hodgkinson (P) Ltd. and Anr. (2005) 6 SCC
138, in para (12) this Court held as under:-
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