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SUSHRUT ARVIND DHARMADHIKARI, DUPPALA VENKATA RAMANA
Airen Developers (M/s. ) – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Dharmadhikari, J. -- 1. With Consent of the parties, heard finally at motion stage.
2. The petitioner has filed the present petition under Article 226 of the Constitution of India, 1950 challenging the impugned letter dated 15.5.2024 (Annexure P/1) whereby the respondent No. 3 has conveyed to the Petitioner firm that the petitioner cannot be treated as the “Original Allottee” and since its “Unit” was not in production for a period of 5 years and was not closed for a minimum period of 2 years, therefore in terms of provisions of Para 19 (B) of the Madhya Pradesh Allotment of Industrial Land and Building to MSME’s and Management Rules, 2021 (hereinafter referred to as “the Management Rules”), permission to conduct division of the subject lands in terms of Para 19(B) of the Management Rules cannot be granted.
2. The Petitioner being aggrieved of the aforesaid letter dated 15.5.2024 has prayed for followings reliefs from this Court :--
i. issue the Writ of Mandamus declaring that the impugned Letter HAI / Softens / Aaex FH / 2024 / 1965 dated 15 May, 2024 (Exhibit P-1) issued by the Respondent No.3, is bad in law;
ii. declare that the petitioner firm is the original allottee a
The court upheld the doctrine of legitimate expectation, ruling that failure to honor governmental commitments can render actions arbitrary and justifiable under Article 14, necessitating relief for ....
Legitimate expectation arising from prior assurances by a public authority must be honored unless compelling public interest necessitates otherwise.
Doctrine of legitimate expectation affirms that public authorities must act fairly and consider prior assurances when determining allotments, especially in cases of unused land adjacent to existing p....
The doctrine of legitimate expectation compels public authorities to consider prior practices and fair dealings in land allotment, despite the absence of strict legal entitlements.
The doctrine of legitimate expectation obligates authorities to consider past practices and continuous possession when making allotments, even if no enforceable right exists.
The doctrine of legitimate expectation mandates public authorities to consider expectations for land allotment based on prior actions and continuous possession, ensuring fair decision-making.
The allotment of land and delivery of possession in favor of the petitioner is a Government Grant within the meaning of the Government Grants Act, 1895. The State is not entitled to resume the land a....
The doctrine of legitimate expectation must be considered by public authorities when deciding land allotments, especially when claimants have consistently occupied the land and parallel allotments ha....
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