Alienation of Natural resources by Govt-Auction is normal method

It was then submitted that the Collector was expected to dispose of the land by holding an auction. The judgment of this court in Centre for Public Interest Litigation and Ors. Vs. Union of India and Ors. reported in 2012 (3) SCC 1 was relied upon in support, wherein it has been held that natural resources are national assets and the state acts as trustee on behalf of its people. Public Interest requires that the disposal of the natural resources must be by a fair, transparent and equitable process such as an auction. The same having not been done, the State exchequer has suffered. Reliance was also placed on the judgment in Noida Entrepreneurs Association Vs. Noida and ors. reported in 2011 (6) SCC 508 to submit that whatever is provided by law to be done cannot be defeated by an indirect and circuitous contrivance.

34. In the instant case, the transfer of the land has been permitted because respondent No. 5 directly approached the Chief Minister and thereafter the Revenue Minister. It was submitted that such an act of making of a special case smacks of arbitrariness. 

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL N. 836 OF 2014
(@ out of SPECIAL LEAVE PETITION (CIVIL) NO.36738/2012)
Dipak Babaria & Anr. …
Appellants
Versus
State of Gujarat & Ors.
Read original judgment here;click here

Print Page