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VIJAY BISHNOI
Kamlesh Chaudhary – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - This writ petition is preferred seeking the following reliefs:
2. The respondents authorities be directed to accept the offered unutilized school building and land falling Khasra No.569/126 of village Poshal for the purpose of construction of Panchayat Bhawajn Headquarter for Gram Panchayat Poshal or allotment of land surrendered by getting administrative permission of Khasra No.679/432 and 680/432."
2. Learned counsel for the petitioner has submitted that earlier lands of Khasra No.679/432 & 680/432 were earmarked for the purpose of construction of Panchayat Bhawan, however, later on, the Gram Sabha of Gram Panchayat has illegally passed a resolution that the Gram Panchayat Bhawan be constructed in Khasra No.106. It is submitted that the said proposal of the Gram Panchayat is accepted by the authorities concerned and they have decided to construct the Gram Panchayat Bhawan of Gram Poshal in Khasra No.106. Learned counsel for the petitioner has submitted that
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.
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.
Judicial review of government policy decisions regarding public utility construction is only permissible in cases of flagrant violation of law or mala fides.
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
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....
The decision on construction sites by governmental authorities is a policy matter, not open to judicial review unless mala fides are present.
The main legal point established in the judgment is that the State Government's decision for construction of public utility buildings is not mandatorily bound by the proposals and recommendations of ....
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