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TMI Blog2014 (9) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... /1823) dated 7.3.2002 issued under the Punjab Development Regulation Act, 1952 fixing the land rates for allotment to educational institutions in the Union Territory of Chandigarh. The allotment of land was made in favour of Appellant-Institute for 99 years on lease hold basis with the condition that the initial lease period will be 33 years and renewable for two like periods only if the lessee continues to fulfil all conditions of allotment. 3. The Respondent No. 1, Neeraj Sharma, filed a Writ Petition No. 6916 of 2004 before the High Court of Punjab and Haryana at Chandigarh questioning the legality and validity of the allotment of land involved in this case urging various grounds. 4. On 14.2.2005, the Division Bench of the High Court, consisting of the then Chief Justice and a puisne Judge, by two separate but concurring orders disposed of the writ petition cancelling the allotment of land and directing the Union Territory of Chandigarh to take necessary corrective steps in the matter in consonance with the constitutional philosophy of Article 14 of the Constitution of India and further directed the Union Territory of Chandigarh to take policy decision for allotment of educati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, who have given separate and distinct orders, which are absolutely conflicting in nature and had no commonality at all. The learned Judge has failed to appreciate that even the 'post judgment script', one of the learned judge has clearly spelt out the differences of opinion between the two learned Judges and on this basis alone the matter ought to have been referred to a larger bench. 9. It was further contended that the High Court ought to have noticed that the land involved in this appeal had been allotted to the Appellant-Institute after proper scrutiny and on the published and notified rates of the land with a condition for specific utilization of the land on lease hold basis and that none of the town planning was affected by the allotment of land in question in favour of the Appellant-Institute since the area of land in question is situated in the institutional area where educational institutions are functioning. 10. It was further contended that the High Court has gravely erred in not dismissing the writ petition on the basis of lack of locus standi of the writ Petitioner who has filed the writ petition for personal interest for the reason that a residential site ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondents have further contended that the said allotted land's market value is worth more than Rs. 50/- crores but, was granted by way of lease to the Appellant-Institute for an amount of Rs. 2.55 crores only, which amounts to conferring largesse upon them which is not permissible in law and has caused huge loss to the public exchequer. 19. It has been further contended that according to the rules for allotment of land in favour of schools and other educational institutions, no land can be allotted to any institute without an advertisement and inviting applications from the eligible persons. 20. On the basis of the aforesaid rival legal contentions urged on behalf of both the parties, the following points would arise for our consideration: (i) Whether the writ petition filed in the public interest is maintainable or not and whether the writ Petitioner has locus standi to file the writ petition? (ii) Whether the separate but concurring orders passed by the Division Bench of the High Court which were concurred by the nominated third Judge are legal and valid or whether the same requires interference by this Court? (iii) Whether the allotment order of land made in fav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Ors. v. Union of India and Ors. AIR 1981 SC 344 : (1981) 1 SCC 568, the constitutional Bench of this Court has held as under: 29-30. ......Where does the citizen stand, in the context of the democracy of judicial remedies, absent an ombudsman? In the face of (rare, yet real) misuse of administrative power to play ducks and drakes with the public exchequer, especially where developmental expansion necessarily involves astronomical expenditure and concomitant corruption, do public bodies enjoy immunity from challenge save through the post-mortem of parliamentary organs. What is the role of the judicial process, read in the light of the dynamics of legal control and corporate autonomy? XXX XXX XXX 47. ......Nevertheless, the broad parameters of fairness in administration, bona fides in action, and the fundamental rules of reasonable management of public business, if breached, will become justiciable. 48. If a citizen is no more than a wayfarer or officious intervener without any interest or concern beyond what belongs to any one of the 660 million people of this country, the door of the court will not be ajar for him. But, if he belongs to an organisation which has special ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the public officials with a view to reaching social justice to the common man.......In other words, the duty is one which is not correlative to any individual rights. Now if breach of such public duty were allowed to go unredressed because there is no one who has received a specific legal injury or who was entitled to participate in the proceedings pertaining to the decision relating to such public duty, the failure to perform such public duty would go unchecked and it would promote disrespect for the rule of law. It would also open the door for corruption and inefficiency because there would be no check on exercise of public power except what may be provided by the political machinery, which at best would be able to exercise only a limited control and at worst, might become a participant in misuse or abuse of power. It would also make the new social collective rights and interests created for the benefit of the deprived sections of the community meaningless and ineffectual. 20. .........If public duties are to be enforced and social collective "diffused" rights and interests are to be protected, we have to utilise the initiative and zeal of public-minded persons and organisation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition filed by the first Respondent and his first endeavor to knock the doors of the constitutional court to protect the public interest by issuing a writ of certiorary. 26. The Appellants have miserably failed to show the malafide intention on the part of the Respondent No. 1 in filing writ petition and we agree with the view of the then Chief Justice in his order who has held that he is a public spirited person. The cause ventilated by him is definitely worth consideration and the record of the AAO (Audit) submitted to the Chandigarh Administration proves the allegations made by him. Further it is observed that His Excellency, the Governor of Punjab-cum-Administrator, Chandigarh has rightly come to the conclusion in his decision that the impugned allotment of land in favour of the first Appellant-Institute requires taking up of corrective steps. The Administration of the Union Territory of Chandigarh has conferred largesse on the Appellant-Institute by allotting land in its favour for inadequate consideration without following procedure. Therefore, we hold that the writ petition filed by the first Respondent is maintainable as the allotment of the land in question made in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... measures in this behalf in the light of the observations contained herein. 28. Further, in another case, this Court set aside the allotments of land made by the allotment committee even though most of the allottees had constructed the buildings, because, the allotment Committee had not followed any rational or reasonable criteria for inviting the applications for the allotment of land through an open advertisement. Reliance is placed on the decision of this Court in New India Public School and Ors. v. HUDA and Ors. (1996) 5 SCC 510, which states as under: 4.........Therefore, the public authorities are required to make necessary specific Regulations or valid guidelines to exercise their discretionary powers; otherwise, the salutary procedure would be by public auction. The Division Bench, therefore, has rightly pointed out that in the absence of such statutory Regulations exercise of discretionary power to allot sites to private institutions or persons was not correct in law. 29. Further, we have to refer to the case of Akhil Bhartiya Upbhokta Congress v. State of M.P. and Ors. (2011) 5 SCC 29, wherein this Court has succinctly laid down the law after considering catena of cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law and observed: (AIR p. 1434, para 14) 14. In this context it is important to emphasise that the absence of arbitrary power is the first essential of the rule of law upon which our whole constitutional system is based. In a system governed by rule of law, discretion, when conferred upon executive authorities, must be confined within clearly defined limits. The rule of law from this point of view means that decisions should be made by the application of known principles and rules and, in general, such decisions should be predictable and the citizen should know where he is. If a decision is taken without any principle or without any rule it is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law...... XXX XXX XXX 59. In Kasturi Lal Lakshmi Reddy v. State of J&K, Bhagwati J. speaking for the Court observed: (SCC pp. 13-14, para 14) 14. Where any governmental action fails to satisfy the test of reasonableness and public interest discussed above and is found to be wanting in the quality of reasonableness or lacking in the element of public interest, it would be liable to be struck down as invalid.... 61. The Court als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violated by the allottees, the appropriate statutory authorities would be at liberty to take appropriate step as is permissible in law. 32. We, therefore, disregard the plea of charitable intention or philanthropic goal behind the establishment of the Appellant educational institution as the establishment of the same does not serve any public interest and we cannot allow the allottee to make money or profiteer with the aid of the public property. 33. Further, on a careful evaluation of the statutory object behind Clause 18 of the "Allotment of Land to Educational Institutions (Schools) Rules Etc. on Lease Hold basis in Chandigarh Scheme, 1996" no systematic exercise has been undertaken by the Administration of Chandigarh to identify the needs of different kinds of professional institutions required to be established in Chandigarh. We thus concur with the reasoning of the High Court in the impugned orders that the Screening Committee comprising of senior and responsible functionaries allotted the institutional sites in favour of the allottee without following any objective criteria and policy. The Screening Committee acted in a manner which is contrary to the principles laid down ..... X X X X Extracts X X X X X X X X Extracts X X X X
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