TMI Blog1990 (9) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... y in all governmental enterprises. But, the present question is one of the extent and scope of judicial review over such matters. With the expansion of the State's presence in. the field of trade and commerce and of the range of economic and commercial enterprises of government and its instrumentalities there is an increasing dimension to governmental concern for stimulating efficiency, keeping costs down, improved management methods, prevention of time and cost over-runs in projects, balancing of costs against time- scales, quality-control, cost-benefit ratios. etc. In search of these values it might become necessary to adopt appropriate techniques of management of projects with concommitant economic expediencies. There are essentially ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S. Diver in Harward Law Review, vol. 95 p. 393; referred to. 3. In the instant case, it is possible to fit the power exercised by the Municipal authority into Section 272(1) of the Maharashtra Municipalities Act and hence there is no reason why the provision be interpreted unduly restrictively to exclude such enterprise. 4. It has not been established that the essential elements of the transaction are such that Section 92 of the Act is violated. It would, indeed be unduly restrictive of the statutory powers of the local authority if a provision enabling the establishment of markets and disposal of occupancy-rights therein are hedged in by restrictions not found in the statute. The developer who was authorized to induct occupiers in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reham U.D.C., [1956] 2 AH ER 145; Associated Provincial Picture Houses Ltd. v. Fednesbury Corporations, [1948] 1 KB 223; Nottinghamshire County Council v. Secretary of State for Environment, [1986] AC 240; Tiller v. Atlantic Coast Line Rail Road Company, 318 US 54; Chief Constable v. Evans, [1982] 3 All ER 141; referred to. Administrative Law, by H.W.R. Wade, 6th Edn., pp. 407, 408; Legal Control of Government, by Bernard Sehwartz and H.W.R. Wade, p. 253; referred to. 6. While it is true that principles of judicial review apply to the exercise by a government body of its contractual powers, the inherent limitations on the scope of the inquiry are themselves a part of those principles. In a matter even as between the parties, there must b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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