Government land allotment policies favoring affluent groups violate Article 14 of the Constitution, undermining equality and fairness in public resource distribution.

Headnote:(A) Constitution of India - Article 14 - Land allotment policies challenged - The High Court quashed government orders allowing preferential land allotment to specific groups, including legislators and judges, as unconstitutional and arbitrary, violating the right to equality - The court emphasized that public resources must be allocated fairly and without discrimination. (Paras 92-96)

(B) Public Interest Litigation - The principle of res judicata and constructive res judicata were discussed, determining that previous judgments did not preclude the current challenges to the allotment policies. (Paras 29-36)

(C) Government Policies - The court found that the land allotment policy favored affluent groups at the expense of marginalized sections, undermining the principles of equality and fairness. (Paras 76-88)

(D) Restitution - The court ordered refunds of amounts paid by the Cooperative Societies for land allotment, citing the need for equitable treatment. (Paras 94-95)

Facts of the case:
The case involved cross appeals against a High Court judgment that quashed government orders permitting preferential land allotment to certain groups, highlighting issues of equality and discrimination in public resource allocation.

Findings of Court:
The court found the allotment policies unconstitutional, favoring privileged groups while neglecting the needs of marginalized citizens.

Issues: The main issues included the constitutionality of the land allotment policies and their compliance with Article 14 of the Constitution.

Ratio Decidendi: The court ruled that government policies must ensure equality and fairness in resource allocation, rejecting arbitrary classifications that favor affluent classes over the needy.

Result: Appeals dismissed; Writ of certiorari issued, quashing the impugned government orders.

J U D G M E N T

SANJIV KHANNA, CJI.

Signature Not Verified Digitally signed by g De ae teta : 2a 0h 2u 4ja .11.25 Leave granted in Special Leave Petition (Civil) No. 19838 of 2010.

Reason:

2. This common judgment decides the cross appeals which impugn the judgment dated 05.01.2010, of the Division Bench of the High Court of Andhra Pradesh in Writ Petition Nos. 7956, 7997, and 23682 of 2008. These Writ Petitions challenged the allotment of land parcels, vide several State Government Memoranda1, within the Greater Hyderabad Municipal Corporation limits. The land was allocated to Cooperative Societies composed of members of various groups, including Members of Parliament2, Members of both houses of the State Legislature3, officers of All India Services4, Judges of the Supreme Court and High Court5, State Government employees, defence personnel, journalists and individuals from weaker sections of society.

3. The High Court, in the impugned judgment, has partly allowed the Writ Petitions, quashing the GoMs that laid down the allotment policy and facilitate the allotments to the Cooperative Societies. It held that the parcels of land allotted to the respondents were to be restored to the Government, and that fresh allotments can only be made following the issuance of appropriate GoMs consistent with the judgment. The High Court further directed that before such GoMs are issued, the State shall call for details of members who meet the eligibility criteria; ensure they sign affidavits declaring their eligibility; and publish this information on its website for public access. Any false declaration will result in cancellation of the allotment, and initiation of civil and criminal proceedings.

1 For short, “GoM”.

2 For short, “MP”.

3 For short, “MLA”. 4 For short, “AIS”.

5 We note that while the Judges of the Supreme Court and High Court have withdrawn their claims and are not seeking allotment, we have addressed their category for the purpose of tackling the legal issue

arising out of allotment made under GoM No. 243.

4. While the Cooperative Societies, their members, and the State of Telangana6 have preferred appeals contesting these directions, Mr. Keshav Rao Jadhav, the petitioner in Writ Petition No. 23682/2008, has filed a cross-appeal. Mr. Keshav Rao Jadhav prays that preferential allotment of land – particularly at basic rates – to MLAs, MPs, journalists, officers of the AIS and Judges, is illegal, arbitrary and unconstitutional, as it violates the right to equality guaranteed under Article 14 of the Constitution of India.

FACTS OF THE CASE

5. On 28.02.2005, the Government of Andhra Pradesh issued three GoMs – Nos. 242, 243 and 244. GoM No. 242 established a comprehensive policy for managing land resources and housing in urban and semi-urban areas. GoM No. 243 outlined categories of individuals eligible for land allotment, while GoM No. 244 provided guidelines for this process.

6. GoM No. 242 emphasized the urgent need for prudent management of land resources in urban and semi-urban areas due to rising urbanization and increasing demand for housing. Due to growing urbanisation, demand for land for housing purposes has surged. It highlighted the challenges faced by the working middle class, as private developers often artificially inflate land prices, making it difficult for them to secure plots. Recognizing that providing shelter is a top priority for the State, the Government had previously formulated a housing scheme for the poor. However, there was no fixed policy catering to “other deserving sections” of the society. Consequently, the Government

6 Refer to the order dated 30.03.2016 passed by this Court, giving directions for amendment in the

Cause Title.

decided that a comprehensive policy was necessary, leading to the issuance of GoM No. 242. Key stipulations of the GoM include:

• Creation of a land bank, source-pooled for allotment to various housing Cooperative Societies and other target groups.

• The source of the land bank would consist o

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SUPREME COURT OF INDIAHON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SANJAY KUMARGOVERNMENT OF TELANGANA – AppellantVersusRAO V.B.J.CHELIKANI – RespondentC.A. No.-003791-003793 - 2011

Government land allotment policies favoring affluent groups violate Article 14 of the Constitution, undermining equality and fairness in public resource distribution.

Cases Referred (5)

SUPREME COURT OF INDIA
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE SANJAY KUMAR
GOVERNMENT OF TELANGANA – Appellant
Versus
RAO V.B.J.CHELIKANI – Respondent
C.A. No.-003791-003793 - 2011