SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(Del) 708

Y.K.SABHARWAL, D.K.JAIN
CENTRE FOR PUBLIC INTEREST LITIGATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.Gupta, A.K.VALI, A.M.SANGHVI, A.Y.CHITALE, AMIT JAITLEY, ANIMESH SHARMA, ANJANI, ARUN BHARDWAJ, Arvind Minocha, Ashim Vachar, B.AGRAWAL, B.S.BANATI, BINA GUPTA, D.C.Gupta, E.C.Vidya Sagar, G.N.REDDY, G.S.NAYAR, G.UMAPATHY, G.V.CHANDRASHEKHAR, GOPAL JAIN, Gopal Singh, H.R.Khan, H.S.PHOOLKA, HARISH KIDVAI, ISRAEL ALI, J.M.Rao, J.S.Attri, JAGDEV SINGH, Jayant Bhushan, K.C.Kalra, K.K.LAHRI, KIRAN JAIN, LOKESH KAUSHAL, M.L.Chug, M.N.TIKKU, MANISH GOYAL, N.N.AGRAWAL, N.N.Gupta, N.N.OJHA, NADH HUSSAIN, NARENDER SHARMA, Navin Chawla, NITIYA RAM, P.Bhushan, P.H.Parekh, P.K.SHARMA, P.K.Yadav, P.NIRUP, R.C.VERMA, R.K.Chadha, R.K.GUPTA, R.K.SINGHAL, RAJIV SHAKDHAN, RAKESH TIKKU, RATTAN LAL, S.A.Khan, S.C.Chawla, S.P.PANDEY, S.RAO, S.SRINIVASA VARMA, SAMRITI MISHRA, SANJAY BANSAL, SANJIV SACHDEVA, SANJIV SINDHVANI, SANTOSH KUMAR MITRA, Santosh Paul, Sunita Hazarika, SURAT BIRLA, SURESH SINGH, T.N.DHAR, URMILA NARANG, Valmiki Mehta, VARUN GOSVAMI, VIKASH SINGH, VIPIN SANGHI, VIPUL MAHESHVARI, YUNUS MALIK

Y. K- SABHARWAL, J.

( 1 ) FROM January 1993 till 1996. 179 retail outlets (Petrol Pumps), 155 LPG distributerships and 45 SKO/ LDO dealerships under discretionary quota were allotted by the Minister. In Delhi Petrol Pumps allotted by Oil Selection Board during this period were 64 in number and the Petrol Pumps allottee under discretionary quota were 65 in number. In Bombay. 4 Petrol Pumps were allotted by Board and 3 under discretionary quota by the Minister. 05hcd/97-2

( 2 ) THE examination of files clearly shows that these are not cases of aberrations here or aberralion there but are cases which show pattern of favouritism.

( 3 ) IN these cases where the allotments of petrol pumps etc. made by the Minister under his discretionary quota have been called in question, it is necessary to lay down as to what is the concept of discietion, . . Discretion implies good faith in discharging public duties. The exercise of discretion lias to be based on relevant consideraions. When it is exercised by taking into extraneous considerations, such action has to be quashed. The concept of absolute. untrampled or unfettered discretion is wholly inappropriate to a public authority. When given





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top