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1989 (7) TMI 97 - SC - Indian LawsWhether the action of the Government affording an opportunity of being heard only to the Federation and not to other objectors was contrary to article 14? Held that:- The grievance of the appellants' counsel is not wholly unjustified. At the beginning of the judgment, we have said that the High Court rendered the judgment in a sense against judicial propriety and decorum. We were not happy to make that observation, but were constrained to say so in the premises and background of the case. It may be noted that the result of the writ petitions before the High Court turns on the nature and scope of the power conferred on the Government under section 3 of the Act. After referring to these simple legal principles, it is unfortunate that the issue at stake was little explored. The key question raised in the case was sidetracked and a new strategy to interfere with the decision of the Government was devised. The learned judges directed the Government to publish again a draft notification for reconsideration of the matter. They gave liberty to the writ petitioners and the interveners to submit their representations. They observed that " this is a fit case where the parties should be given a reasonable opportunity of being heard. " They did not quash the impugned notification, but told the Government to make necessary changes in the light of fresh consideration. All these directions were issued after recording a positive finding that the exclusion of Ulhasnagar from the Corporation was arbitrary and irrational. The net result of it is that there is now no discretion with the Government to keep Ulhasnagar away from the Corporation.It would be difficult for us to appreciate the judgment of the High Court.
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