TMI Blog1996 (9) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... the then Zonal Officer, Lal Kothi Scheme, J.D.A. Jaipur have blatantly misused their official position to favour a few influential and highly placed individuals and have also thereby caused wrongful gain to them and wrongful loss to the Jaipur Development Authority and the public at large. But Smt. Kamala, the then Hon'ble Minister, Urban Development and Housing Department-cum-Chairman, J.D.A. is not now a public servant as defined in Section 2(1) of the Rajasthan Lokayukta and Up-Lokayukta Act, 1973 (for short, the 'Act') because she has ceased to be a Minister, so investigation is not being commenced against her but the investigation deserves to be commenced against S/Shri M.D. Kaurani, IAS and Subheb-han Mitra under Section I of the Act and I order accordingly. Edmund Burke as early as in 1780 had lamented the corroding influence of corruption thus : Corrupt influence, which is itself the peren-nial spring of all prodigality., and of all disorder, which loads us, more than millions of debt; which takes away from our arms wisdom from our councils, and every shadow of authority and credit from the most venerable parts of our constitution. The facts in nutshel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sub- awardees/nominees @ ₹ 8 per sq. yd. Further, the Minister, accepting the same, had directed delivery of the possession and sub-sequently the amount was received @ ₹ 8 per sq. yd. of at revised rates of ₹ 50. per sq. yd,; details thereof being not material for the purpose of this case, are omitted. It would appear-that, subsequently, the lands were further sub- divided to escalate the net by reducing the area of allotment in the proceedings dated September 16, 1980. Lots were drawn for allotment of the plots on December 23, 1980. They came to be. questioned by way of writ petitions in the High Court. The High Court came heavily against the illegality committed by the LAO and the Minister for such allotments being obnoxious, deflecting the scheme and defeating the public purpose by abusing public office. When it was inquired into by the Lokayukta, in the aforestated report, he castigated the persons for the blatant abuse of the power and action was accordingly initiated. It shocks the judicial con- science in that it did not touch even the fringe of actors . The counsel for respondents, rightly and in the light of the settled legal position, admitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent decided to allot land to the awardees, sub-awardees or nominees of the erstwhile owners of the land. In furtherance thereof, allotment came to be made, directions were given for deposit of the value of the sites pursuant to which the amount came to be deposited The extent of the land purchased by the respondents in 500 sq. yds. and it was further reduced to 400 sq. yd. and 250 sq. yd, etc. The Government had evolved the policy to mete out the problem of the rehabilitation of the awardees, sub-awardees and nominees. The Government, therefore, in implementation of the Scheme had allotted the plots, amounts were deposited in furtherance of the policy, irrespective of the fact whether or not the LAO had power to allot the land to the awardees or sub- awardees or nominees. The policy of the Government to allot plots legitimatises the allotment made to the respondents. Therefore, the allotment is valid in law. Since some people were-given possession and some among them had built houses thereon, the respondents cannot be denied of their right to possession. It is further contended that the respon-dents having deposited the amount 20 years ago due to the impugned allotment they were de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der the sale deeds or agreement entered into by them with Chhote Lal, the erstwhile owner. The next question is ; whether there is any public policy allotment of the land to the respondents independent of the colour ;of their title? It is seen from the record that the premise on which the Minister and the Committee headed, by the Minister had proceeded to allot the lands to the respondents and other, was the void award made by the LAO giving land to the erstwhile owners, sub-awardees or nominees, apart from compensa-tion given under Section 23(1). That premise was knocked of its bottom in the Radhey Shyam's case. It would be a mockery to call it a policy of the Government, much less a public policy. The Governor calls upon the leader of a political party/groups that command majority in the Assembly to form the Government and appoints him as Chief Minister. On later's advice he appoints other Ministers. Business of the Government gets allocated and is run as per business rules framed under Article 166(3). The executive power of the State Government extends over which the legislature has power to make law. The Government runs the Executive Government of a State with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her the social stability and progress socially, economically and politically. Actions of the Government, should be accounted for social morality. Therefore, the ac- tions of the individuals would reflect on the actions of the Government. The actions are intended to further the goals set down in the Constitution, the laws or administrative policy. The action would, therefore, bear neces- sary integral connection between the 'purpose' and the end object of public welfare and not personal gain. The action cannot be divorced from that of the individual actor. The end is something aimed at and only individuals can have and shape the aims to further the social, economic and political goals. The ministerial responsibility threat comes into consideration. The Minister is responsible not only for his actions but also for the job of the bureaucrats who work or have worked under him. He owes the respon- sibility to the electors for all his actions taken in the name of the Governor in relation to the Department of which he is the head. If the Minister, in fact, is responsible for all the detailed workings of his Department, then clearly ministerial responsibility must cover a wider spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entary qualification demanded of a Minister is honesty and incorruptibility. He should not only possess these qualifications but should also appear to possess the same. In the Encyclopedia of Democracy by Seymour Martin Lipset, Vol. 1, page 310, in the Chapter Corruption'', it is stated that corruption is an abuse of public resources for private gain. The occasions for political corruption increases when control On the activity of public administrators are fragile and the division of power between political actors and the public bureaucrats, as well as between the Government and the middle man, is Unclear, It is difficult to discover and punish cases of corruption. Research has shown that political corruption tends to be more widespread in authoritarian or totalitarian regimes and when public opinion and the press are unable to denounce corruption. Corruption developes because of con-fusion about the borders between State and society and between traditional and modern values. It can be expected to grow during phases.of transition. Corruption should disappear in modern stable democratic societies. In-stead, it is growing. Since State intervention in economic and social life ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Andrews Weatherfoil Ltd. Ors., (1972) 1 AII ER 65; Rother Valley Railway Co. Ltd. v. Ministry of Transport, (1972) 2 W.L.R. 1041 (Chancery Division); Regina v. Smith, (1960) 2 W.L.R. 164 (Court of Criminal Appeal); and R v. Braithwaite R v. Girdham, (1983) 2 All ER 87 (Criminal Division). The court, therefore, would be required to consider whether the policy sought to be relied on and directed by the Minister was to further public good or was a means to fritter away the public property for personal gain or to misuse public power. The object of publication of the notification under Section 4(1) in the Official Gazette is to give notice to the owner that the land is needed for public purpose and he is prevented to create any sort of encumbrance on the land with effect from that date etc. The land, if ultimately acquired, vests in the State under Section 16 or 17(2) of the Act free from all encumbrances. The public policy of the Govern-ment should only be to further the public purpose and issue of declaration is the conclusive proof of public purpose under Section 6(1) or any other similar public purpose, Limited public purpose given under Section 31(3), by operation of Which, the L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the LAO is expected to exercise in awarding land in lieu of cash consideration and the circumstan-ces in which it would be done. Equally, Rule 36 deals with disposal of the excess land acquired by the Collector for a company and imposition of the conditions for sanction of transfer of excess land. Therefore, the absence :of reference of them does not make any dent into the principle of law laid in Radhey Shyam's case. That apart, these two rules merely emphasise the limited power given to the Government and to the LAO to impose the conditions and restric-tions to attain the public purpose for which the land is acquired and is not intended to fritter away public property for private purposes or gain or illegal gratification. The Rajasthan Improvement Trust (Disposal of Urban Land) Rules, 1974, were made in exercise of power under Rajasthan Urban Improve-ment Act, 1959. Therein elaborate procedure has been provided to grant lease, restrictions thereunder, assessment of the ground rent, preparation of the scheme, sale or disposal of the land, reservation of the land for residential plot or allotment of non-residential plots at concessional rates to the specified categories, res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y defeating the public purpose by misuse of public office. There is no iota of evidence placed on record that under the so-called policy, anyone from general public could equally apply for allotment of the plots or was eligible to apply for such allotment nor any such general policy was brought to our notice, The allotment has benefitted only a specified class, namely, the awardees, sub- awardees of nominees and none else. The decision by the Minister or the actions of the beaurocrats was limited to the above class which included the respondents. Legitimacy was given to the void acts of Chottey Lal, the erstwhile owner as well as the LAO. Directions were given by the Minister and the bureaucrats acted to allot the land under the very void acts. They are ultra vires the power. These acts are in utter disregard of the statute and the rules. Therefore, by no stretch of imagination it can be said to have the stamp of public policy; rather it is a policy to feed corruption and to deflect the public purpose and to confer benefits on a specified category, as described above. The question then is : whether the action of not delivering possession of the land to the respondents is on par wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g's case (supra), it was contended that one of the person whose land was acquired, had the benefit of exemption from the acquisition; writ petition was filed seeking similar benefit. When it was contended that it was violative of Article 14, this court in paragraph 5 had held that a wrong exemption under wrong action taken by the authorities will not clothe others to get the same benefit nor can Article 14 be pressed into service on the ground of invidious discrimination. In Coromandel Fertilizers Ltd. v. Union of India and Ors., [1984] Supp SCC 457, it was held in paragraph 13, that wrong decision in favour of any party does not entitle any other party to claim the benefit oh the basis of the wrong decision. In that case, one of the items was excluded from the schedule, by wrong decision, from its purview. It was contended that authorities could not deny benefit to the appellant, since he stood on the same footing with excluded company. Article 14, therefore, was pressed into service. This Court had held that even if the grievance of the appellant was well founded, it did not entitle the appellant to claim the benefit of the notification. A wrong decision in favour of any pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it would be impossible for the respondents to purchase any site. To permit the authorities to cancel the allotment made in favour of the respondents Would cause great injustice. Therefore, it is not a fit case for this Court to interfere under Article 136. We have given our considered thought to the fervent and persuasive plea of Shri Sanghi There are two aspects of the matter. The first is that this Court has the duty to correct all obvious ultra vires or illegal exercise of power or misuse of the same. Failure to do so send wrong signals that the court legitimise wrong actions. There is, however, force in the contention of Shri Sanghi that if allotments would be cancelled by this Court, it would be virtually impossible for the respondents to acquire residential plots any where now in a city like Jaipur in view of the great increase in prices of land in the meantime. We have not been able to overlook or ignore this facet of the case; more so, because it may be that the respon-dents herein had not obtained the allotments by taking recourse to any illegal means. So, we have felt persuaded to agree with Shri Sanghi that we may not invoke our power under Article 136 to undo the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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