Back
SANDEEP MEHTA, REKHA BORANA
Moti Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. The present PIL has been filed challenging the order whereby the land comprising of Khasra No. 1572 of village Saiyon Ka Tala has been allotted for the purpose of construction of Panchayat Bhawan of the newly formed Gram Panchayat.
2. It has been averred in the present Public Interest Litigation that although a more suitable land situated in the center of the village was surrendered by certain villagers for the construction of Panchayat Bhawan, the Sarpanch has, in his own interest, passed a resolution for the allotment of the land comprising of Khasra No. 1572 which is a land recorded as "Gochar" in the revenue records. It has further been averred that firstly, the gochar land cannot be allotted for any other purpose and secondly, the same being at a far distance from the center of the village would not be convenient for the villagers.
3. A reply has been filed on behalf of the State and it has been averred that the petitioner had surrendered the land on 16.06.2020 whereas the process for allotment of the land for construction of Panchayat Bhawan had been set in motion on 13.02.2020 itself. Secondly, the process for setting apart of the land in lieu of the gochar land has al
The administration has the discretion to decide the location of government/public buildings, and the court will not interfere unless the decision is irrational, arbitrary, or mala fide.
The court will not interfere with the decision of the State authorities regarding the construction of public buildings unless there is evidence of malafides or violation of statutory rules.
The importance of Gram Sabha resolutions for construction decisions and the non-statutory nature of guidelines issued by the State Government.
The court emphasized the importance of demonstrating malafide or violation of law in challenging administrative decisions such as land allotment.
Administrative decisions regarding land allotment are upheld unless malafide intent or legal violations are proven.
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
Judicial review of administrative decisions is limited to instances of legal violations or malafide actions, reaffirming the authority of government functionaries in public utility matters.
The court emphasized that new issues cannot be raised in a writ petition that were not raised before the lower courts, and the court cannot adjudicate the appropriate location for the construction of....
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
