9911796707
TMI Blog1994 (6) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... sthan had already completed the acquisition proceedings of 200 acres of land known as Rambagh Polo-ground on behalf of Jaipur Development Authority (For short 'JDA') for the purpose of constructing residential houses in the suit locality. The aforesaid acquisition proceedings were completed after the decision of the Apex Court of the country. 3. In lieu of acquisition of the aforesaid 200 acres of land the State Government fixed ₹ 4 crores as compensation payable to Ex-ruler of former Jaipur State Brigadier Bhawani Singh. It is contended in the petition that Shri Bhawani Singh had claimed 350 crores as compensation in appeal which is pending before Hon'ble Supreme Court. It is further stated in the petition that the function was organised by Old Students of Mayo College at Rambagh Polo-ground on 19th April, 1994 where as per news report Shri Bhairon Singh Shekhawat, Hon'ble Cheif Minister was the Chief-Guest. After the prize distribution ceremony was over, Hon'ble Chief Minister was approached by some workers of INTAC along with Mrs. Gayatri Devi Ex. Rajamata of Jaipur who requested Hon'ble Chief Minister to sign the representation containing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to protect and safeguard the interest of the State and more so when this pertains to public finances. It was further contended by the learned counsel that the said respondent has violated the duty cast upon him under Article 51A of the Constitution of India which enjoins on each citizen of India a duty to respect and abide by the Constitution of India and that the said respondent being also a citizen of India has violated the said fundamental duty. In view of the aforesaid facts and circumstances and the contentions advanced by the learned counsel for the petitioner in the prayer clause of the writ petition it has been prayed that this court be pleased to allow this writ petition and issue directions to the State Government prohibiting it from taking any steps for the cancellation of acquisition proceedings pertaining to 200 acres of the land in Rambagh Polo-ground, Jaipur by acts of omission or commission prayed for such appropriate order and directions which this court may deem fit and proper in the circumstances of this case. 5. I have heard arguments advanced by the learned counsel for the petitioner and also perused the record. 6. It will be pertinent to ment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t function independently if the Chief Minister is unable to attend a particular meeting of the council. Under Sub-clause (3) of Article 163 of the Constitution there is specific Bar to the inquiry by a court regarding any question regarding which any advice was tendered by the council of Ministers to the Governor of the State and it shall be deemed to be a privileged communication and shall not be subject to question before any court of law. A legal consequence of this provision is that resolutions or other deliberations at the meetings of the council of Ministers or advice finally tendered in pursuance of said deliberations to the Governor are privileged communications which are exempted from production in a court of law, irrespective of any provisions of the Evidence Act. This proposition has already been affirmed by the Apex Court of the country in the matter of State of Punjab v. Sodi Sukhdev AIR 1961 SC 493 (pages 512 532); wherein the Apex Court held on the question of claim of privilege with reference to Sections 123 and 162 of the Indian Evidence Act (1872) as under : This is matter for the authority, concerned to decide -- in this enquiry the court has to dete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view the aforesaid provisions enshrined in Article 163 of the Constitution of India, the question which has been raised in the present writ petition by learned counsel for the petitioner is not tenable in view of the fact that there is statutory Bar under Sub-clause (3) of Article 163 of the Constitution and keeping that aspect primarily, in view, I am of the considered opinion that any communication which was made between the Chief Minister and the Governor of the State concerning the acquisition proceedings of 200 acres of land relating to the Polo-ground, Jaipur is a privileged communication and is not open to question before this court. Moreover the petitioner has no locus standi in this matter as he has failed to explain as to how his legal righs have been violated. In absence of legal rights there can be no question of any legal injury since the matter concerning the acquisition of land of Polo-ground at Jaipur is inter-se between the State and Ex-ruler of Jaipur State Shri Bhawani Singh. I am further of the view that Article 51A of the Constitution of India enjoins a fundamental duty cast on every citizen of the State to respect and abide by the Constitution and respect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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