Case Note & Summary
The Bombay High Court, Nagpur Bench, heard three connected matters: Public Interest Litigation No. 116 of 2016 filed by Shri Devendra Punjabrao Godbole, Writ Petition No. 23 of 2018 filed by Shri Rahul Shivaji Maknikar and another, and Public Interest Litigation No. 1 of 2018 filed by Maharashtra Engineers Association. The petitioners challenged para 3 of Government Resolution dated 12.07.2016 issued by the State of Maharashtra, which relaxed the condition of e-auction for sale of plots. The petitioners argued that the relaxation was arbitrary, discriminatory, and violative of Article 14 of the Constitution, as it allowed sale of plots without competitive bidding, leading to loss of revenue and favoritism. The State, represented by Additional GP Shri S.M. Ukey, contended that the relaxation was a policy decision taken after considering practical difficulties faced by allottees in selling plots through e-auction, and that it applied only to plots that remained unsold after multiple attempts. The court, after hearing all parties, held that the relaxation was not arbitrary and was a reasonable classification under Article 14. The court noted that the government had the power to modify its policies based on experience and that the relaxation aimed to expedite disposal of unsold plots and generate revenue. The court dismissed all three petitions, upholding the validity of the Government Resolution.
Headnote
A) Constitutional Law - Article 14 - Reasonable Classification - Policy Decision - The challenge was to para 3 of Government Resolution dated 12.07.2016 relaxing the condition of e-auction for sale of plots. The court held that the relaxation was a policy decision based on practical difficulties and was not arbitrary. It did not violate Article 14 as it was a reasonable classification to expedite disposal of unsold plots. (Paras 2-5) B) Administrative Law - Government Resolution - Relaxation of Condition - The court found that the relaxation was not a blanket exemption but applied only to plots that remained unsold after multiple e-auctions. The decision was taken after considering the difficulties faced by allottees and was within the government's policy-making power. (Paras 3-5) C) Property Law - Sale of Plots - E-Auction - The court upheld the government's decision to allow sale of plots without e-auction in certain cases, as it was aimed at generating revenue and avoiding wastage of resources. The petitioners' challenge was dismissed. (Paras 4-6)
Issue of Consideration
Whether the relaxation of the condition of e-auction for sale of plots by the State Government is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
All three petitions are dismissed. The Government Resolution dated 12.07.2016 is upheld.
Law Points
- Policy decision
- relaxation of e-auction condition
- not arbitrary
- reasonable classification
- Article 14
- Article 19(1)(g)
- Government Resolution dated 12.07.2016
