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1992 Supreme(Raj) 744

N.C.SHARMA
Jaipur Nagar Griha Nirman Sahakari Samitiyan Asscn. – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - If a statute directs a thing to be done in certain way, that thing shall not, even if there be no negative words, be done in any other way." (Echoed as back as in the year 1876 in Ex parte Stephens- (1876) 3 Ch. D. 659)."In other words, it can be safely re-sounded that a body, which is creature of statute, must act either in accordance with the statute which created it or must act not at all.

2. Law has reached its finest stages and there must not be any attempt reverse the gear. Not only equality, as said in E.P. Royappal (AIR 1974 SC 555 at page 583- para 85), but also, from a positivistic point of view, "rule of law" is antithetic to "arbitrariness", the latter belongs to the whim and caprice of an absolute monarch. The great purpose of the rule of law notion is the protection of the individual against arbitrary exercise of power, wherever it is found.

3. A notification No. F. 6(15) No. VI. A/11/87, dated January 6, 1988 was published by the Government of the State of Rajasthan in Urban Development & Housing Department, in Part-6 (Kha) of the Rajasthan Gazette, dated July 7,1988, stating therein that it appeared to the State Government that buildings and land situate





















































































































































































































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