CMs have no power to allot land: SC
PRESS TRUST OF INDIA
New Delhi, Aug 25: The chief minister of a state cannot allot land directly to a person as it amounts to "transgression" of the law and "usurpation" of the competent authority's power vested under the statute, the Supreme Court has ruled.
A bench of justices B S Chauhan and Swatanter Kumar rejected the plea that if a person fails to get relief from the competent authority he or she can approach the chief minister or other functionary for necessary relief.
"The chief minister could not take upon himself task of the authority. It tantamount to transgression/usurpation of competence. While deciding a representation/petition, an authority or court may issue direction to the person concerned to consider the grievance. However, it is not permissible to pass the order by the superior authority/court itself," Justice Chauhan writing the judgement said.
The apex court passed the ruling dismissing the review petition filed by family of late Manohar Lal who was allotted a piece of land in commercial location of Nehru Nagar, Ghaziabad by the then Uttar Pradesh chief minister in 1979, but subsequently cancelled on the directions of the Allahabad High Court.
The apex court said neither chief ministers nor courts have the power to make such allotments as the power is vested solely with the competent authority.
Lastupdate on : Thu, 25 Aug 2011 21:30:00 Makkah time
Lastupdate on : Thu, 25 Aug 2011 18:30:00 GMT
Lastupdate on : Fri, 26 Aug 2011 00:00:00 IST
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