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2022 Supreme(SC) 482

L. NAGESWARA RAO, B. R. GAVAI
Yamuna Expressway Industrial Development Authority Etc. – Appellant
Versus
Shakuntla Education And Welfare Society – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s): Mr. Ashok K. Mahajan, AOR Mr. Rakesh Uttamchandra Upadhyay, AOR Mr. C.A. Sundaram, Sr. Adv. Mr. C.U. Singh, Sr. Adv. Mr. Maninder Singh, Sr. Adv. Mr. Amar Gupta, Adv. Mr. Divyam Agarwal, AOR Mr. Kamaljit Singh, Adv. Mr. Kunal Mimani, Adv. Mr. Aniket Aggarwal, Adv. Ms. Rohini Musa, Adv. Ms. Alka Sinha, Adv. Mr. Anuvrat Sharma, AOR
For the Respondent(s): Mr. Divyam Agarwal, AOR Mr. Santosh Kumar - I, AOR Mr. Lokesh Bhola , Adv. Mr. Archit Upadhayay , AOR Mr. Kapil Bakshi, Adv. Ms. Charu Sharma, Adv. Mr. Akshat Kumar, AOR Ms. Saroj Tripathi, AOR Mr. Nitin Singh, Adv. Mr. Ankur Yadav, Adv. Mr. Kuldeep Yadav, Adv. Mr. Shashank Shekhar, Adv. Mr. Ankur Yadav, AOR Mr. Abhisth Kumar, AOR Mr. Anurag Rawat, Adv. Mr. Vishal Gupta, AOR Mr. Tenzen Tashi Negi, Adv. Mr. Raj Kamal, AOR Mr. Mudit Sharma, AOR Mr. Tarun Gupta, AOR Mr. Ravi Prakash, AOR Mr. Sandeep Malik, Adv. Ms. Vagisha Nandini, Adv. Mr. Alok Kumar, Adv. Mr. Ajit Kr. Ekka, Adv. Mr. Subhash Siyag, Adv. Mr. Ravi Sikri, Sr. Adv. Mr. Vikalp Mudgal, AOR Mr. Sandeep Kumar Jha, AOR Mr. Arjun D. Singh, Adv. Ms. Shruti Jose, Adv. Mr. Vaibhav Manu Srivastava, AOR Mr. Muddam Thirupathi Reddy, AOR

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized with appropriate references:

  1. The policy decision by the State Government was made in the larger public interest, after considering extensive deliberations with stakeholders, including reports from committees and relevant factors (!) (!) .

  2. The decision was guided by reasons rooted in ground realities and was found to be rational, relevant, and non-arbitrary, with the objective of balancing development needs and stakeholders' interests (!) (!) .

  3. The government’s policy was in accordance with legal standards for administrative decision-making, including considerations of fairness, reasonableness, and the larger public good (!) (!) .

  4. The policy was not found to be arbitrary or irrational, and the courts are not justified in interfering unless it violates constitutional provisions, statutory law, or is manifestly unjust or mala fide (!) (!) .

  5. The decision to grant additional compensation and incentives was based on the necessity to address farmers’ agitation, prevent legal challenges, and facilitate development projects, taking into account the interests of all stakeholders (!) (!) .

  6. The policy included conditions such as withdrawal of pending litigations and handing over physical possession of land, which were considered essential for implementing the benefits and ensuring smooth development (!) (!) .

  7. The legal doctrine recognizes that judicial review of policy decisions is limited and courts should exercise restraint, intervening only when decisions are unconstitutional, beyond authority, or made with malafide intent (!) (!) .

  8. The courts have consistently held that economic and policy decisions are within the domain of the executive, and their wisdom cannot be lightly scrutinized unless they violate legal principles or constitutional mandates (!) (!) .

  9. The doctrine of promissory estoppel is applicable against the government only if there is a clear, positive, and lawful representation, and it cannot be invoked in cases where it would conflict with public interest or statutory provisions (!) (!) .

  10. The courts emphasize that decisions involving economic policies and large public projects are to be respected unless they are arbitrary or mala fide, and that judicial review should not encroach upon the domain of policy formulation (!) (!) .

  11. The High Court erred in holding that no relevant writ petitions were pending and in interfering with the policy, as the decision was based on comprehensive reports and considerations of public interest, including the interests of farmers and allottees (!) (!) .

  12. Overall, the appellate court found that the policy decision was well-reasoned, in accordance with legal principles, and in the larger interest of public development, thereby justifying its reversal of the High Court’s order (!) (!) .


JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. This batch of appeals challenge the judgment and order dated 28th May, 2020, passed by the Allahabad High Court in various writ petitions filed by the allottees of plots of land. The writ petitions were filed challenging the demand of additional amount made by the appellant herein-Yamuna Expressway Industrial Development Authority (hereinafter referred to as “YEIDA”) in respect of plots of land leased out to the allottees; the resolution of the Board of YEIDA dated 15th September, 2014, and the Government Order dated 29th August, 2014, vide which the State Government had permitted YEIDA to recover the additional amount from the allottees.

3. The facts in the present case are not in dispute. For the sake of convenience, we will refer to the factual details as are found in Writ Petition No.28968 of 2018, filed before the High Court of Allahabad by M/s Shakuntla Education and Welfare Society (the respondent No.1 herein).

4. A vast area of land was acquired by the State of Uttar Pradesh in Gautam Budh Nagar district for public purposes. The said area of land was acquired for the benefit of YEIDA. After the land was acquired, YEIDA invited appli

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