HC direction to GDA in land allotment case

Allahabad, May 14 (UNI) Allahabad High Court has directed the Ghaziabad Development Authority (GDA) and the Uttar Pradesh government to give effect to the decision of alloting 1513 sq m land at Ghaziabad in favour of the petitioner company.

A bench comprising Justices Amitava Lala and V C Mishra gave this direction disposing off a writ petition filed by Hint Publications Pvt Ltd.

The court directed that the allotment be made as expeditiously as possible to end the 24-year-long standing dispute.

GDA had alloted a land at Raj Nagar in 1983 in favour of a trust, which subsequently was turned into a company by the same group of persons.

Of the allotted 2013 sq metre land, 500 had already been released in favour of the petitioner.

Disposing off the petition, the judges ruled there is no absolute rule that in all cases involving disputed questions of fact the parties should be relegated to a civil suit.

''If the state acts in an arbitrary manner even in a matter of contract, an aggrieved party can approach the court by way of writ petition under Article 226 of the constitution. The court depending on facts of the case is empowered to grant the relief,'' remarked the bench.

The court has further ruled that when there is arbitrariness in the state action of entering or not entering into contracts, Article 14 springs up and judicial review strikes such an action down.

Justice Lala delivering the judgement for the bench remarked ''according to us, principal of fiscal statue has to be applied in case of price fixation at a relevant point of time. Levy cess, tax duty etc as under fiscal statue never be fixed prospectively nor retrospectively unless backed by cogent reasons.'' The court maintained in case of contract or no contract, public body has to satisfy the test of resonabiliness, fair play, non discrimination or natural justice.

UNI