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1 - 10 of 15 (0.41 seconds)The Public Premises (Eviction Of Unauthorised Occupants) Act, 1971
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
In Union of
India v. Hindustan Development Corpn. [Union of India v. Hindustan
Development Corpn., (1993) 3 SCC 499] it was held that in cases involving
an interest based on legitimate expectation, the Court will not interfere on
grounds of procedural fairness and natural justice, if the deciding authority
has been allotted a full range of choice and the decision is taken fairly and
objectively."
Antitrust - Section 26(2) Disclaimer: ... vs Chief Executive Officer, Noida & Ors. ... on 29 April, 2014
36. Under English Law, the doctrine of promissory estoppel has
developed parallel to the doctrine of legitimate expectations. The
8 (1992) 4 SCC 477
9 2020 SCC OnLine SC 968
W.P. (C) 9346/2021 & connected matters Page 25 of 50
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doctrine of legitimate expectations is founded on the principles of
fairness in government dealings. It comes into play if a public body
leads an individual to believe that they will be a recipient of a
substantive benefit. The doctrine of substantive legitimate expectation
has been explained in R v. North and East Devon Health Authority, ex p
Coughlan in the following terms:
Major General R.S. Balyan vs The Secretary, Ministry Of ... on 31 October, 2006
"[despite dicta to the contrary [Rootkin v. Kent CC, [1981] 1
WLR 1186 (CA); Rv. Jockey Club Ex p RAM Racecourses Ltd., [1993]
A.C. 380 (HL); R v. IRC Ex p Camacq Corp, [1990] 1 WLR 191 (CA)],
it is not normally necessary for a person to have changed his position or
to have acted to his detriment in order to qualify as the holder of a
legitimate expectation [R v. Ministry for Agriculture, Fisheries and
Foods Ex p Hamble Fisheries (Offshore) Ltd., (1995) 2 All ER 714
(QB)]... Private law analogies from the field of estoppel are, we have
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seen, of limited relevance where a public law principle requires public
officials to honour their undertakings and respect legal certainty,
irrespective of whether the loss has been incurred by the individual
concerned [Simon Atrill, „The End of Estoppel in Public Law?‟ (2003)
62 Cambridge Law Journal 3]."
Punjab Communications Ltd vs Union Of India & Others on 4 May, 1999
In Punjab Communications Ltd. v. Union of India, the Supreme
Court has observed in relation to the doctrine of legitimate expectation:
Union Of India And Anr vs Lt Col P.K. Choudhary And Ors on 15 February, 2016
M.P. Oil Extraction And Anr. Etc vs State Of Madhya Pradesh And Ors on 9 July, 1997
19. Mr. Sen seeks to draw sustenance from the expanded application of
the doctrine of legitimate expectation to contend that the respondents must
establish that their actions do not stand tainted by manifest arbitrariness. It
was submitted that wider the extent of the discretionary power conferred on
W.P. (C) 9346/2021 & connected matters Page 23 of 50
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an authority, the greater would be the responsibility to ensure that it is not
exercised arbitrarily. Dealing specifically with a change in policy and how
it would coalesce with the principles of natural justice, learned counsel has
placed reliance upon the decision of the Supreme Court in M.P. Oil
Extraction & Anr. Vs. State of M.P. & Ors.7 and more particularly
paragraph 44 of the report which reads thus: -
Noida Entrepreneurs Assn vs Noida & Ors on 15 January, 2007
49. More recently, in NOIDA Entrepreneurs Assn. v. NOIDA , a two-
judge bench of this Court, speaking through Justice B.S. Chauhan,
elaborated on this relationship in the following terms:
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors. on 24 August, 2017
22. Mr. Sen has also cited for the consideration of the Court the
enunciation on the subject of a legitimate expectation as contained in the
authoritative and seminal work of Sir William Wade in "Administrative
Law", 10th Edition. Mr. Sen has additionally sought to assail the action of
the respondents based upon the principles of dignity as explained by the
Constitution Bench in K.S. Puttuswamy & Anr. Vs. Union of India &
Ors.10. Mr Sen submits that the right of a dignified existence which is a
constitutional right would extend to safeguarding and securing the right of
the petitioners to occupy the public premises in light of the immense
contribution made by them for the preservation and propagation of Indian
culture.