Administrative Law - The Legal Chamber

“Nothing Short of Harassment”: Supreme Court Allows Man to Rebuild Old House, Imposes ₹10 Lakh Fine on SDMC

19Jan

By The Legal ChamberNo Comments

Supreme Court

“Nothing Short of Harassment”: Supreme Court Allows Man to Rebuild Old House, Imposes ₹10 Lakh Fine on SDMC

The Supreme Court upheld that municipal bylaws and the Master Plan permitting mixed land use are enabling, not compulsory. Property owners cannot be forced to convert residential use to commercial use. A deemed sanction for purely residential reconstruction plans is valid if the applicant chooses not to avail the option for commercial activity. Facts Of The Case: The respondents, owners of an 85-year-old dilapidated residential house in Delhi, applied for sanction to demolish and reconstruct it in 2010. The Municipal Corporation failed to decide, leading the owners to obtain a deemed sanction from the Appellate Tribunal under the Delhi Municipal Corporation Act. The Corporation challenged this order successively before the Additional District Judge, the Delhi High Court (via writ and rev...

Understanding the Supreme Court’s Verdict on Interstate Bus Permits and State Schemes

19Jan

By The Legal ChamberNo Comments

Supreme Court

Understanding the Supreme Court’s Verdict on Interstate Bus Permits and State Schemes

The Supreme Court ruled that an inter-state reciprocal transport agreement under Section 88 of the Motor Vehicles Act, 1988, does not override an approved nationalization scheme under Chapter VI. A notified route for a State Transport Undertaking prevails, prohibiting private operators from plying on any overlapping portion, even if part of an inter-state route. Facts Of The Case: The case centered on disputes arising from an Inter-State Reciprocal Transport (IS-RT) Agreement of 2006 between Madhya Pradesh (MP) and Uttar Pradesh (UP). The agreement reserved certain inter-state routes for the Madhya Pradesh State Road Transport Corporation (MPSRTC). After MPSRTC reportedly stopped operations, private operators obtained temporary permits from MP's transport authority to p...

Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term

16Jan

By The Legal ChamberNo Comments

Supreme Court

Clarity in Tender Documents is Key: Supreme Court Quashes Bid Rejection Over Ambiguous Term

The Supreme Court held that a tender condition must be explicitly stated. The rejection of a bid for not submitting a solvency certificate from a District Magistrate was invalid, as the tender notice did not specify this requirement. Authorities cannot reject a bid on grounds not stated in the tender documents. Facts Of The Case: The dispute arose from a tender floated by the Krishi Utpadan Mandi Parishad (Mandi Parishad) to lease a banquet hall and terrace lawn for ten years. The appellant, Kimberley Club Pvt. Ltd., submitted its bid alongside other parties, including the fifth respondent, who emerged as the successful bidder. The Mandi Parishad rejected the appellant's technical bid on a specific ground: the 'haisiyat praman patra' (solvency certificate) it submitted was issued b...

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

15Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

The Supreme Court ruled that for a missing person, the date of civil death is legally presumed to be after seven years from disappearance, not the date they went missing, as per Section 108 of the Indian Evidence Act, 1872. A court decree declaring death merely recognizes this presumption without fixing an earlier date. This legal presumption is central to claims dependent on establishing the date of death. Facts Of The Case: The case involved a claim for compassionate appointment by Shubham, the son of Gulab Mahagu Bawankule, an employee of the Nagpur Municipal Corporation. Gulab went missing on September 1, 2012. During the period of his disappearance, he was treated as being in continuous service and was duly retired on January 31, 2015. His family received all retiral ben...

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders

6Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders

The Supreme Court held that once an interim court order is in operation, it remains binding unless specifically vacated. Merely releasing a reserved matter does not invalidate or nullify an existing interim order. Violating such an order without obtaining prior leave from the court constitutes a prima facie case for contempt proceedings. Facts Of The Case: The appellant, a professor at KGMU, was appointed as the Nodal Officer for implementing a software system in 2010. In 2017, audit objections arose regarding expenditures during his tenure, leading to a disciplinary inquiry. The professor challenged the preliminary inquiry and a subsequent notice via his first writ petition in 2018. While this petition was reserved for judgment, the disciplinary committee sent him a questionnaire, which...

Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry

4Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry

The Supreme Court held that a departmental inquiry is vitiated if based on the unexamined statement of a key complainant, denying the delinquent employee the right to cross-examination—a violation of natural justice. Charges unsupported by conclusive evidence cannot sustain a dismissal order, warranting judicial intervention under Article 226. Facts Of The Case: The appellant, V.M. Saudagar, was a Travelling Ticket Examiner (TTE) with Central Railway, Nagpur. On 31 May 1988, a Railway Vigilance team conducted a surprise check on his coach. He was subsequently charge-sheeted in July 1989 for alleged misconduct, including demanding illegal gratification from three passengers for berth allotment, possessing excess undeclared cash, failing to recover a small fare difference, and forgin...

Supreme Court Rules: “Vacancies Can Increase After Advertisement” – Quashes Illegal Terminations from 2008

2Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: “Vacancies Can Increase After Advertisement” – Quashes Illegal Terminations from 2008

The Supreme Court held that appointments made in excess of originally advertised vacancies are permissible under the rules if filled from a valid waiting list within a reasonable period, typically the recruitment year or the succeeding year. Terminations based solely on the "excess vacancy" ground were found unjustified when such appointments align with the recruitment rule's intent and the advertisement's stipulation that vacancy numbers were subject to change. Facts Of The Case: The case involved four appellants who were appointed to Class IV posts in the District Judgeship of Ambedkar Nagar, Uttar Pradesh, in 2001 against an advertisement that notified twelve vacancies but included a rider that the number of posts could increase or decrease. In 2008, their services were te...

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

1Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends

31Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: No Absorption for Waitlisted Candidate After Recruitment Process Ends

The Supreme Court held that a candidate in the reserved panel (waitlist) has no vested right to appointment once the selected candidates join their posts. A legal concession made before a tribunal cannot bind the authorities if it contravenes statutory recruitment rules or extends the life of a waitlist indefinitely. Facts Of The Case: The case originated from a 1997 recruitment drive by All India Radio, Eastern Zone, for three Technician posts reserved for Scheduled Castes. The respondent, Subit Kumar Das, was placed at Serial No. 1 in the Reserved Panel (waitlist). All three selected candidates joined their posts, so the waitlist was not operated. In 1999, during litigation before the Central Administrative Tribunal (CAT), the appellants (Union of India) gave a statement that the r...

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

28Dec

By The Legal ChamberNo Comments

Supreme Court

Corporate vs. Cultivator: Supreme Court Rules Land Restoration Only for Disadvantaged Farmers

The Supreme Court held that the restoration remedy in Kedar Nath Yadav, grounded in protecting vulnerable agricultural communities, does not extend to industrial entities. A party that accepted compensation without challenge and failed to pursue statutory remedies cannot belatedly claim relief from a judgment secured by others through public interest litigation. Facts Of The Case: The case concerns a dispute over the restoration of 28 Bighas of land in Singur, West Bengal, originally acquired in 2006 for the Tata Nano manufacturing project. The land was purchased and converted for industrial use by M/s Santi Ceramics Pvt. Ltd. (Respondent No. 1), which established a manufacturing unit thereon. The acquisition process, conducted under the Land Acquisition Act, 1894, was subsequently...