Constitution of India, 1950:

Article 14 - Principle of equality - Exercise of power by political entities and officers/officials - Scope of - Held: For achieving the goals of Justice and Equality set out in the Preamble, the State and its agencies/instrumentalities have to function through political entities and officers/officials at different levels - The exercise of power by political entities and D officers/officials for providing different kinds of services and benefits to the people always has an element of discretion, which is required to be used in larger public interest and for public good and in a rational and judicious manner without any discrimination against anyone - In Indian constitutional structure, no functionary of the State or public authority has an absolute or unfettered discretion - The very idea of unfettered discretion is totally incompatible with the doctrine of equality enshrined in the Constitution and is an antithesis to the concept of rule of law - Administrative law.

Part Ill; IV; Article 39(b) - Role of the State - Discussed.

Administrative law: State and/or its agencies instrumentalities - Action/decision of to give largest or confer benefit on any person - Held: Must be founded on a sound, transparent, discernible and well defined policy, which shall be made known to the public by publication in the Official Gazette and other recognised modes of publicity and such policy must be implemented/executed by adopting a non-discriminatory or non-arbitrary method irrespective of the class or category of persons proposed to be benefitted by the policy - Distribution of largesse such as allotment of land by the State and its agencies/instrumentalities should always be done in a fair and equitable manner and the element of favoritism or nepotism should not influence the exercise of discretion, if any, conferred upon the particular functionary or officer of the State - By entertaining applications made by individuals, organisations or institutions for allotment of land or for grant of any other type of largesse, the State cannot exclude other eligible persons from lodging competing claim. The competent authority should, as a matter of course, issue an advertisement incorporating therein the conditions of eligibility so as to enable all similarly situated eligible persons, institutions/organisations to participate in the process of allotment, whether by way of auction or otherwise - The allotment of land which carry the tag of caste, community or religion is not only contrary to the idea of Secular Democratic Republic but is also fraught with grave danger of dividing the society on caste or communal lines - The allotment of land to such bodies/organisations/institutions on political considerations or by way of favoritism or nepotism is constitutionally impermissible - In the instant case, reservation and allotment of land to respondent no.5 was not preceded by any advertisement in the newspaper or by any other recognised mode of publicity inviting applications from organizations/institutions for allotment of land and everything was done by the political and non-political functionaries of the State as if they were under a legal obligation to allot land to respondent No.5 - The advertisements issued by the State functionaries were only for inviting objections against the proposed reservation and/or allotment of land in favour of respondent no.5 and not for participation in the process of allotment - Therefore, allotment of land to respondent No.5 was not done by following a procedure consistent with Arlicle 14 of the Constitution.

Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973:

Object of its enactment - Discussed.

s.23-A - Development Plan - Modification of - Whether notifications by which the Bhopal Development Plan was modified and land use was .changed were ultra vires the provisions of s. 23-A - Held: The power of modification of development plan can be exercised only for specified purposes- In terms of s.23-A(1)(a), the development plan can be modified by the State Government either suo motu or at the request of the Authority for any proposed project of the Government of India or the State Government and its enterprises or for any proposed project relating to development of the State or for implementing a scheme of the Authority- In the instant case, in the Bhopal Development plan, the use of land which was reserved and allotted to respondent No. 5 was shown as public and semi-public (health) - State Government modified the plan by invoking s.23-A(1)(a) for facilitating establishment of an institute by respondent No. 5 - The exercise undertaken for the change of land use, which resulted in modification of the development plan was an empty formality because land was allotted to respondent No. 5 almost two years prior to the issue of notification u/s. 23A (1 )(a) and the objects for which respondent No. 5 was registered as a trust had no nexus with the purpose for which modification of development plan could be effected under that section - Therefore, modification of the development plan was ultra vires the provisions of s.23-A(1)(a) - Urban development.

Madhya Pradesh Revenue Book Circular: Unregistered societies and private trusts are not eligible for allotment of land.

Writ petition: Locus standi - Held: Even if a person files a writ petition for vindication of his private interest but raises question of public importance involving exercise of power by men in authority then it is the duty of the Court to enquire into the matter.