The Supreme Court's scrutiny of land allotment policies by the State of Andhra Pradesh to privileged groups, including MPs, MLAs, and others. The judgment examines the violation of Article 14 (Right to Equality) and assesses whether such allotments align with public interest. The Court quashed the allotments, directing adherence to transparent, fair policies that prioritize equity and public welfare.

• Issue: Legality of preferential land allotments under certain government orders.
• Judgment: Government orders were quashed for breaching the right to equality and undermining public interest.
• Ratio: Any allocation of public resources must align with constitutional principles of equality and serve a legitimate public purpose.

1. Background and Case Overview

• Government Memoranda (GoMs): Issued policies (GoMs 242, 243, 244, and subsequent GoMs) enabling land allotments to MPs, MLAs, AIS officers, Judges, journalists, and others at basic rates.
• Challenges: Writ petitions filed against these policies, alleging arbitrary and unconstitutional favoritism violating Article 14 of the Constitution.

2. Key Legal Questions

• Do the GoMs violate Article 14 by granting preferential treatment?
• Can public land be allocated without auction at concessional rates to select groups?
• Is the principle of equality undermined by allotting land to affluent individuals?

3. High Court Findings

• Partly Allowed Writ Petitions: Quashed allotments under GoMs, directing re-allotment based on fair criteria.
• Conditions for Allotment: Emphasized transparency, disclosure of eligibility, and adherence to public interest.

4. Supreme Court Observations

• Constitutional Breach: Preferential allotments lacked a compelling public purpose, violating Article 14.
• Impact on Public Interest: Allocation at low rates deprived the public exchequer and created inequality.
• Constructive Res Judicata: Dismissed to allow fresh examination of the policy under public interest litigation.

Acts and Sections Discussed: 

• Constitution of India:
  • Article 14: Right to Equality.
  • Articles 38 and 39(d): Directive Principles of State Policy for equitable resource distribution.
• Andhra Pradesh Land Revenue Rules (1975): Relevant procedural rules for land alienation.

Ratio Decidendi:

• Principle of Equality: Public resources must not be disproportionately allocated to privileged groups.
• Public Purpose: Any state action must serve a legitimate public interest and withstand scrutiny under constitutional principles.

Subjects:

#LandAllotment #Equality #PublicInterest #GovernmentPolicy