India
Supreme Court Junks Give Land Allotment to Judges, MPs and Others in Hyderabad | India News – Times of India
The land was allotted by the YS Rajasekhar Reddy-led Congress government of undivided Andhra Pradesh through a series of government orders. This was partially quashed by HC, which was appealed in SC by Telangana government.
A bench of Chief Justice Sanjiv Khanna and Dipankar Datta quashed all government orders and said: “The classification accorded by state largesse to judges of Constitutional Courts, Members of Parliament, MLAs, officers of the AIS, journalists, etc. favors a privileged section of the society, that is already better off compared to the vast majority of marginalized and socio-economically disadvantaged individuals.”
Writing the 64-page judgment, the CJI said, “The benefits accorded to these privileged and affluent classes come at a cost as they effectively deprive and deny essentials to the marginalized and socially vulnerable sections of the population.” The court said: “We are of the view that judges of SC and HCs, MPs, MLAs, AIS officers, journalists etc. cannot be treated as a separate category for allotment of land at reduced basic value, in lieu of others . “
While canceling the allotment of land to cooperative societies, SC said the allottees and their members would be entitled to refund of the land price, stamp duty and registration fees paid by them along with interest to be quantified by the Telangana government.
“The purpose of the policy perpetuates inequality. The policy differentiates and grants largesse to a privileged section/group by resorting to discrimination and denial. It prevents those who are more deserving, as well as those in the same situation, from entering the country at the same price. It promotes socio-economic exclusion and favors a small and privileged group/group.
The petitioners in HC had alleged that land worth Rs 700 crore was arbitrarily distributed at throwaway prices to influential sections of the society, causing huge losses to the exchequer and depriving deserving people of shelter over their heads.
Hammering the defense of the state government, CJI Khanna said: “This policy of the state government, devoid of pretense, is an abuse of power intended to cater only to the affluent sections of the society, decrying the equal right of allotment of the state and rejected. ordinary citizens and socio-economically disadvantaged people.”
All India Services officials argued that they were underprivileged and made sacrifices to entitle them to preferential land allotment at a reduced rate. CJI Khanna and Justice Datta termed this position “deceptive and untenable”.
The bank said giving land at discounted rates to influential sections of society distorts the natural market forces that determine the real value of the land. CJI Khanna said, “The actual market price of land reflects its demand and utility, but when individuals receive land at a discount, it artificially devalues the property and thereby reduces government revenue. This has serious financial implications for the exchequer.”
