SANJIV KHANNA, DIPANKAR DATTA
State of Andhra Pradesh – Appellant
Versus
Rao, V. B. J. Chelikani – Respondent
JUDGMENT :
SANJIV KHANNA, CJI.
Leave granted in Special Leave Petition (Civil) No. 19838 of 2010.
2. This common judgment decides the cross appeals which impugn the judgment dated 05.01.2010, of the Division Bench of the High Court of Andhra Pradesh in Writ Petition Nos. 7956, 7997, and 23682 of 2008. These Writ Petitions challenged the allotment of land parcels, vide several State Government Memoranda1 [For short, “GoM.”], within the Greater Hyderabad Municipal Corporation limits. The land was allocated to Cooperative Societies composed of members of various groups, including Members of Parliament2 [For short, “MP.”], Members of both houses of the State Legislature3 [For short, “MLA.”], officers of All India Services4 [For short, “AIS.”], Judges of the Supreme Court and High Court5 [We note that while the Judges of the Supreme Court and High Court have withdrawn their claims and are not seeking allotment, we have addressed their category for the purpose of tackling the legal issue arising out of allotment made under GoM No. 243], State Government employees, defence personnel, journalists and individuals from weaker sections of society.
3. The High Court, in the impugned judgment, has
State of Karnataka and Another v. All India Manufacturers Organisation and Others
V. Purushotham Rao v. Union of India and Others
Rural Litigation and Entitlement Kendra v. State of U.P.
Erusian Equipment and Chemicals Ltd. v. State of West Bengal
Ramana Dayaram Shetty v. International Airport Authority of India
Common Cause, A Registered Society v. Union of India
Shrilekha Vidyarthi v. State of Uttar Pradesh
Subramanian Swamy v. Director, Central Bureau of Investigation
Ram Krishna Dalmia v. Justice S.R. Tendolkar
Nagpur Improvement Trust v. Vithal Rao and Others
In Re: The Special Courts Bill, 1978
State of West Bengal v. Anwar Ali Sarkar
State of Jammu and Kashmir v. Triloki Nath Khosa
Hiral P. Harsora and Others v. Kusum Narottamdas Harsora and Others
Union of India v. N.S. Rathnam & Sons
LIC v. Consumer Education Centre
Indian Council for Legal Aid and Advice v. Bar Council of India
Ajay Hasia v. Khalid Mujib Sehravardi
A.L. Kalra v. Project and Equipment Corporation of India Ltd., (1984) 3 SCC 316
Natural Resources Allocation, In re, Special Reference No. 1 of 2012
Maneka Gandhi v. Union of India, (1978) 1 SCC 248. Also see Shayara Bano v. Union of India
National Legal Services Authority v. Union of India and Others
Navtej Johar v. Union of India
Lt. Col. Nitisha v. Union of India
Chiranjit Lal Chowdhuri v. Union of India
Lt. Col. Nitisha (supra). Also see Anuj Garg and Others v. Hotel Association of India and Others
E.P. Royappa v. State of Tamil Nadu in its puritan form, is applicable
Shayara Bano v. Union of India is applicable
Joseph Shine v. Union of India
The court ruled that preferential land allotment policies favoring certain privileged groups violate Article 14 of the Constitution, undermining equality and public interest.
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
Point of law: As per Article 39 of the Constitution of India, the State shall direct its policy towards securing all the citizens equally, since "all have the right to adequate means of livelihood". ....
Service Law - Allotment of flat - Rule 7(i) of Policy provides that no application shall be entertained for accommodation if employee is retiring on superannuation in next six months, meaning there b....
The court affirmed the constitutional validity of the MIDC's priority allotment policy, emphasizing that online applications and fair process must apply uniformly, without arbitrary distinctions amon....
The State must ensure fair and transparent policies in public property dealings, adhering to constitutional mandates, while judicial review of policy decisions is limited to cases of arbitrariness or....
Government land allotments must comply with statutory regulations, ensuring fairness and transparency in public interest; arbitrary allotments without adherence to law are unconstitutional.
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