MANU/SC/0415/2010

Equivalent Citation: AIR2010SC 2210, 2010 (4) AWC 3878 (SC ), 2010(3)ESC 375(SC ), JT2010(6)SC 41, 2010(6)SC ALE151, (2010)11SC C 557,
2010(3)UC 1588

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 973 of 2007
Decided On: 03.06.2010
Appellants: Manohar Lal (D) by Lrs.
Vs.
Respondent: Ugrasen (D) by Lrs. and Ors.
[Alongwith Civil Appeal No. 974 of 2007]
Hon'ble Judges/Coram:
B.S. Chauhan and Swatanter Kumar, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: R.P. Bhatt and Neeraj Kishan Kaul, Sr. Advs., Reena
Singh, Vipin Gupta, Arvind Kumar Gupta and Shailender Paul, Advs.
For Respondents/Defendant: Debal Kumar Banerji and Pramod Swarup, Sr. Advs.,
Ruby Singh Ahuja, Ravi Prakash Mehrotra, Kamlendra Mishra, Manoj Dwivedi,
Vandana Mishra, Gunnam Venkateswara Rao and Anuvrat Sharma, Advs.
JUDGMENT
B.S. Chauhan, J.
1. Both these appeals have been preferred by the appellants being aggrieved of the
judgment and order of the Allahabad High Court dated 22nd July, 2003 passed in
C.M.W.P. No. 6644 of 1989 by which the High Court has allowed the Writ Petition
filed by respondent No. 1-Ugrasen quashing the allotment of land made in favour of
appellant-Manohar Lal and further directed to make the allotment of land in favour of
the said respondent-Ugrasen.
2. In these appeals, three substantial questions of law for consideration of this Court
are involved, they are, namely:
(a) As to whether the State Government - a Revisional Authority under the
Statute, could take upon itself the task of a lower statutory authority?;
(b) Whether the order passed or action taken by a statutory authority in
contravention of the interim order of the Court is enforceable?; and
(c) Whether Court can grant relief which had not been asked for?
3 . Facts and circumstances giving rise to these appeals are that lands owned and
possessed by predecessor-in-interest of private appellant Manohar Lal and
respondent Ugrasen were acquired under the provisions of the Land Acquisition Act,
1894 (hereinafter referred to as the 'Act'). Notification under Section 4 of the Act was
issued on 13.08.1962 covering about 32 acres of land in the Revenue Estates of Kaila
Pargana Loni Dist. Meerut (now Ghaziabad). Declaration under Section 6 of the Act in

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respect of the said land was made on 24.05.1965 along with Notification under
Section 17(1) invoking the urgency clause. Possession of the land except one acre
was taken on 13.07.1965 and award under Section 11 of the Act was made on
11.05.1970.
The Government of Uttar Pradesh had framed Land Policy dated 30/31.07.1963 to the
effect that where a big chunk of land belonging to one person is acquired for planned
development, except the land covered by roads, he shall be entitled to the extent of
40% of his total acquired land in a residential area after development in lieu of
compensation. The High-Powered Committee dealing with the issue laid down that
applications for that purpose be filed within a period of one month from the date of
taking the possession of the land which was subsequently changed to within one
month from the date of completion of acquisition proceedings.
4. Both the private parties, i.e. Manohar Lal and Ugrasen claimed that they had made
applications to claim the benefit under the said policy within time. Shri Ugrasen
claimed that he had submitted the application on 31.12.1966 but no action was taken
on the said application. Therefore, he filed another application on 7.9.1971. Manohar
Lal-appellant claimed to have filed application for the said purpose on 22.6.1969 and
was allotted land bearing plot Nos. 5, 7 to 16 and 25 to 33 in Sector 3N vide order
dated 27.12.1979 as per the direction of the Chief Minister of Uttar Pradesh. Shri
Ugrasen filed Writ Petition No. 1932 of 1980 before Allahabad High Court challenging
the said order dated 27.12.1979. Subsequently, vide order dated 7.3.1980, the land
allotted to Manohar Lal was changed to Plot Nos. 25 to 33. At the time of
consideration of application of Ugrasen by the State Government, the Ghaziabad
Development Authority (hereinafter called GDA) vide letter dated 18.3.1980 pointed
out that submission of application by Shri Ugrasen was surrounded by suspicious
circumstances as it was the last entry made on 31.12.1966 and signature of the
receiving clerk had been made by a person who joined service only in 1979. In the
meanwhile, Shri Manohar Lal filed Writ Petition No. 4159 of 1980 and the High Court
restrained the authorities from making allotment to anyone else from the land allotted
to him as per letter dated 7.3.1980. 5. In spite of the said interim order in force, the
State Government vide order dated 12.12.1980 directed GDA to make the allotment
of land in favour of Shri Ugrasen and thus, in compliance of the same, GDA issued
letter of allotment dated 22.12.1980 in his favour. Shri Ugrasen submitted letter
dated 1.1.1981 to GDA to give an alternative land as the land covered by Plot Nos. 5
to 16 had been subject matter of the interim order of the High Court in a writ petition
filed by Shri Manohar Lal.
6 . Shri Ugrasen withdrew his Writ Petition No. 1932 of 1980 on 6.3.1981 and
deposited the compensation amount, i.e. Rs. 32,010.60 on 3.3.1981. GDA allotted
the land to Shri Ugrasen in Plot Nos. 36, 38, 39, 44, 46 and 47 vide order dated
02.01.1985, though it was also the land in dispute i.e. covered by the interim order
passed by the High Court. Shri Ugrasen refused to take those plots as is evident from
letter dated 7.1.1985 as certain encroachment had been made upon the said lands.
GDA, vide letter dated 27.3.1989, allotted Plot Nos. 5, 7 to 16 to Shri Manohar Lal.
Thus, being aggrieved, Shri Ugrasen filed Writ Petition No. 6644 of 1989 before the
High Court for quashing of the said allotment in favour of Shri Manohar Lal.
7. Parties exchanged the affidavits and after hearing the parties and considering the
material on record, the High Court allowed the said Writ Petition vide judgment and
order dated 22nd July, 2003. Hence, these appeals.

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8. Shri P.S. Patwalia, learned Senior counsel appearing for the appellant-Manohar Lal
and Shri Vijay Hansaria, learned Senior counsel appearing for GDA have contended
that Shri Ugrasen had never filed application for allotment in time. There had been
manipulation in registration of the said application and it has been surrounded with
suspicious circumstances. The application of Shri Ugrasen had been considered
directly by the State Government-the revisional authority, though the State
Government could not take the task of GDA upon itself. Land of Shri Ugrasen had
been acquired for roads, thus, as per the Land Policy he was not entitled for any
benefit of the same. Shri Ugrasen in his writ petition had asked only for quashing the
allotment in favour of Manohar Lal and there was no prayer that the said land be
allotted to him. Therefore, while issuing a direction for making the allotment in
favour of Ugrasen, the High Court has exceeded its jurisdiction. Thus, appeals
deserve to be allowed.
9 . On the other hand, Shri Debal Banerji, learned Senior counsel appearing for the
respondent-Ugrasen and Shri Pramod Swarup, learned Senior counsel appearing for
the State of U.P. have vehemently opposed the appeals contending that once a
decision has been taken as per the entitlement of the respondent-Ugrasen and the
High Court has examined each and every fact, question of re- appreciation of
evidence etc. is not permissible in exercise of the discretionary jurisdiction by this
Court. Manohar Lal had also been allotted the land by the Chief Minister and not by
GDA, thus no fault can be found with allotment in favour of Shri Ugrasen. Appeals
lack merit and are liable to be dismissed.
1 0 . We have considered the rival submissions made by learned Counsel for the
parties and perused the records.
1 1 . I n Rakesh Ranjan Verma and Ors. v. State of Bihar and Ors.
MANU/SC/0246/1992 : AIR 1992 SC 1348, the question arose as to whether the State
Government, in exercise of its statutory powers could issue any direction to the
Electricity Board in respect of appointment of its officers and employees. After
examining the statutory provisions, the Court came to the conclusion that the State
Government could only take the policy decisions as how the Board will carry out its
functions under the Act. So far as the directions issued in respect of appointment of
its officers was concerned, it fell within the exclusive domain of the Board and the
State Government had no competence to issue any such direction. The said judgment
has been approved and followed by this Court in U.P. State Electricity Board v.
Ram Autar and Anr. MANU/SC/1479/1996 : (1996) 8 SCC 506.
12. In Bangalore Development Authority and Ors. v. R. Hanumaiah and Ors.
MANU/SC/0988/2005 : (2005) 12 SCC 508, this Court held that the power of the
Government under Section 65 of the Bangalore Development Authority Act, 1976 was
not unrestricted and the directions which could be issued were those which were to
carry out the objective of the Act and not those which are contrary to the Act and
further held that the directions issued by the Chief Minister to release the lands were
destructive of the purposes of the Act and the purposes for which the BDA was
created.
1 3 . I n Bangalore Medical Trust v. B.S. Muddappa and Ors.
MANU/SC/0426/1991 : AIR 1991 SC 1902, this Court considered the provisions of a
similar Act, namely, Bangalore Development Authority Act, 1976 containing a similar
provision and held that Government was competent only to give such directions to
the authority as were in its opinion necessary or expedient and for carrying out the

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purposes of the Act. The Government could not have issued any other direction for
the reason that Government had not been conferred upon unfettered powers in this
regard. The object of the direction must be only to carry out the object of the Act and
only such directions as were reasonably necessary or expedient for carrying out the
object of the enactment were contemplated under the Act. Any other direction not
covered by such powers was illegal.
1 4 . I n Poonam Verma and Ors. v. Delhi Development Authority
MANU/SC/8225/2007 : AIR 2008 SC 870, a similar view has been re-iterated by this
Court dealing with the provisions of Delhi Development Authority Act, 1957. In the
said case, the Central Government had issued a direction to make allotment of flat
out of turn. The Court held as under:
...Section 41 of the Act, only envisages that the respondent would carry out
such directions that may be issued by the Central Government from time to
time for the efficient administration of the Act. The same does not take within
its fold an order which can be passed by the Central Government in the
matter of allotment of flats by the Authority. Section 41 speaks about policy
decision. Any direction issued must have a nexus with the efficient
administration of the Act. It has nothing to do with carrying out of the plans
of the authority in respect of a particular scheme.... Evidently, the Central
Government had no say in the matter either on its own or under the Act. In
terms of the brochure, Section 41 of the Act does not clothe any jurisdiction
upon the Central Government to issue such a direction.
15. In State of U.P. v. Neeraj Awasthi and Ors. MANU/SC/0358/2006 : (2006) 1
SCC 667, this Court held as follows in context of Government directions:
36. Such a decision on the part of the State Government must be taken in
terms of the constitutional scheme, i.e., upon compliance of the requirement
of Article 162 read with Article 166 of the Constitution of India. In the instant
case, the directions were purported to have been issued by an officer of the
State. Such directions were not shown to have been issued pursuant to any
decision taken by a competent authority in terms of the Rules of Executive
Business of the State framed under Article 166 of the Constitution of India.
1 6 . I n The Purtabpore Co., Ltd. v. Cane Commissioner of Bihar and Ors.
MANU/SC/0016/1968 : AIR 1970 SC 1896, this Court has observed:
The power exercisable by the Cane Commissioner under Clause 6(1) is a
statutory power. He alone could have exercised that power. While exercising
that power he cannot abdicate his responsibility in favour of anyone - not
even in favour of the State Government or the Chief Minister. It was not
proper for the Chief Minister to have interfered with the functions of the Cane
Commissioner. In this case what has happened is that the power of the Cane
Commissioner has been exercised by the Chief Minister, an authority not
recognised by Clause (6) read with Clause (11) but the responsibility for
making those orders was asked to be taken by the Cane Commissioner.
The executive officers entrusted with statutory discretions may in some cases
be obliged to take into account considerations of public policy and in some
context the policy of a Minister or the Government as a whole when it is a
relevant factor in weighing the policy but this will not absolve them from
their duty to exercise their personal judgment in individual cases unless

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 explicit statutory provision has been made for them to be given binding
instructions by a superior.
17. In Chandrika Jha v. State of Bihar and Ors. MANU/SC/0373/1983 : AIR 1984
SC 322, this Court while dealing with the provisions of Bihar and Orissa Co-operative
Societies Act, 1935, held as under:
The action of the then Chief Minister cannot also be supported by the terms
of Section 65A of the Act which essentially confers revisional power on the
State Government. There was no proceeding pending before the Registrar in
relation to any of the matters specified in Section 65A of the Act nor had the
Registrar passed any order in respect thereto. In the absence of any such
proceeding or such order, there was no occasion for the State Government to
invoke its powers under Section 65A of the Act. In our opinion, the State
Government cannot for itself exercise the statutory functions of the Registrar
under the Act or the Rules.
1 8 . I n Anirudhsinhji Karansinghji Jadeja and Anr. v. State of Gujarat
MANU/SC/0473/1995 : AIR 1995 SC 2390, it was observed:
This is a case of power conferred upon one authority being really
exercised by another. If a statutory authority has been vested with
jurisdiction, he has to exercise it according to its own discretion. If
the discretion is exercised under the direction or in compliance with some
higher authority's instruction, then it will be a case of failure to exercise
discretion altogether.
(Emphasis added)
19. In K.K. Bhalla v. State of M.P. and Ors. MANU/SC/0234/2006 : AIR 2006 SC
898, this Court has delineated the functions of the State Government and the
Development Authority, observing that:
59. Both the State and the JDA have been assigned specific functions under
the statute. The JDA was constituted for a specific purpose. It could not take
action contrary to the scheme framed by it nor take any action which could
defeat such purpose. The State could not have interfered with the day-to-day
functioning of a statutory authority. Section 72 of the 1973 Act authorizes the
State to exercise superintendence and control over the acts and proceedings
of the officers appointed under Section 3 and the authorities constituted
under the Act but thereby the State cannot usurp the jurisdiction of the Board
itself. The Act does not contemplate any independent function by the State
except as specifically provided therein...the State in exercise of its executive
power could not have directed that lands meant for use for commercial
purposes may be used for industrial purposes...the power of the State
Government to issue direction to the officers appended under Section 3 and
the authorities constituted under the Act is confined only to matters of policy
and not any other. Such matters of policy yet again must be in relation to
discharge of duties by the officers of the authority and not in derogation
thereof.... The direction of the Chief Minister being dehors the provisions of
the Act is void and of no effect.
20. In Indore Municipality v. Niyamatulla (Dead through L.Rs. ) AIR 1971 SC
97, this Court considered a case of dismissal of an employee by an authority other

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than the authority competent to pass such an order i.e. the Municipal Commissioner,
the order was held to be without jurisdiction and thus could be termed to have been
passed under the relevant Act. This Court held that "to such a case the Statute under
which action was purported to be taken could afford no protection".
21. In Tarlochan Dev Sharma v. State of Punjab and Ors. MANU/SC/1466/2001
: (2001) 6 SCC 260, this Court, after placing reliance upon a large number of its
earlier judgments, observed as under:
In the system of Indian democratic governance as contemplated by the
Constitution, senior officers occupying key positions such as Secretaries are
not supposed to mortgage their own discretion, volition and decision-
making authority and be prepared to give way or being pushed back
or pressed ahead at the behest of politicians for carrying out
commands having no sanctity in law. The Conduct Rules of Central
Government Services command the civil servants to maintain at all times
absolute integrity and devotion to duty and do nothing which is unbecoming
of a government servant. No government servant shall in the performance of
his official duties, or in the exercise of power conferred on him, act
otherwise than in his best judgment except when he is acting under the
direction of his official superior.
(Emphasis added)
2 2 . Therefore, the law on the question can be summarised to the effect that no
higher authority in the hierarchy or an appellate or revisional authority can exercise
the power of the statutory authority nor the superior authority can mortgage its
wisdom and direct the statutory authority to act in a particular manner. If the
appellate or revisional Authority takes upon itself the task of the statutory authority
and passes an order, it remains unenforceable for the reason that it cannot be termed
to be an order passed under the Act.
23. In Mulraj v. Murti Raghunathji Maharaj MANU/SC/0338/1967 : AIR 1967 SC
1386, this Court considered the effect of action taken subsequent to passing of an
interim order in its disobedience and held that any action taken in disobedience of
the order passed by the Court would be illegal. Subsequent action would be a
nullity.
24. I n Surjit Singh v. Harbans Singh MANU/SC/0032/1996 : AIR 1996 SC 135,
this Court while dealing with the similar issue held as under:
In defiance of the restraint order, the alienation/assignment was made. If we
were to let it go as such, it would defeat the ends of justice and the prevalent
public policy. When the Court intends a particular state of affairs to exist
while it is in seisin of a lis, that state of affairs is not only required to be
maintained, but it is presumed to exist till the Court orders otherwise. The
Court, in these circumstances has the duty, as also the right, to treat the
alienation/assignment as having not taken place at all for its purposes.
2 5 . I n All Bengal Excise Licensees Association v. Raghabendra Singh and
Ors. MANU/SC/1328/2007 : AIR 2007 SC 1386, this Court held as under:
A party to the litigation cannot be allowed to take an unfair advantage by
committing breach of an interim order and escape the consequences

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 thereof...the wrong perpetrated by the respondents in utter disregard of the
order of the High Court should not be permitted to hold good.
26. In Delhi Development Authority v. Skipper Construction Co. (P) Ltd. and
Anr. MANU/SC/0497/1996 : AIR 1996 SC 2005, this Court after making reference to
many of the earlier judgments held:
On principle that those who defy a prohibition ought not to be able to claim
that the fruits of their defiance are good, and not tainted by the illegality that
produced them.
2 7 . I n Gurunath Manohar Pavaskar v. Nagesh Siddappa Navalgund
MANU/SC/8191/2007 : AIR 2008 SC 901, this Court while dealing with the similar
issues held that even a Court in exercise of its inherent jurisdiction under Section 151
of the Code of Civil Procedure, 1908, in the event of coming to the conclusion that a
breach to an order of restraint had taken place, may bring back the parties to the
same position as if the order of injunction has not been violated.
28. In view of the above, it is evident that any order passed by any authority in spite
of the knowledge of the interim order of the court is of no consequence as it remains
a nullity.
29. I n Trojan & Co. v. RM.N.N. Nagappa Chettiar MANU/SC/0005/1953 : AIR
1953 SC 235, this Court considered the issue as to whether relief not asked for by a
party could be granted and that too without having proper pleadings. The Court held
as under:
It is well settled that the decision of a case cannot be based on grounds
outside the pleadings of the parties and it is the case pleaded that has to be
found. Without an amendment of the plaint, the Court was not entitled to
grant the relief not asked for and no prayer was ever made to amend the
plaint so as to incorporate in it an alternative case.
30. A similar view has been re-iterated by this Court in Krishna Priya Ganguly etc.
etc. v. University of Lucknow and Ors. etc. MANU/SC/0063/1983 : AIR 1984 SC
186; and Om Prakash and Ors. v. Ram Kumar and Ors. MANU/SC/0101/1991 :
AIR 1991 SC 409, observing that a party cannot be granted a relief which is not
claimed.
3 1 . Dealing with the same issue, this Court in Bharat Amratlal Kothari v.
Dosukhan Samadkhan Sindhi and Ors. MANU/SC/1799/2009 : AIR 2010 SC 475
held:
Though the Court has very wide discretion in granting relief, the court,
however, cannot, ignoring and keeping aside the norms and principles
governing grant of relief, grant a relief not even prayed for by the petitioner.
32. In Fertilizer Corporation of India Ltd. and Anr. v. Sarat Chandra Rath and
Ors. MANU/SC/0693/1996 : AIR 1996 SC 2744, this Court held that "the High Court
ought not to have granted reliefs to the respondents which they had not even prayed
for."
33. In view of the above, law on the issue can be summarised that the Court cannot
grant a relief which has not been specifically prayed by the parties.

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34. The instant case requires to be examined in the light of the aforesaid certain
legal propositions.
Section 41 of the U.P. Urban Planning and Development Act, 1973 reads as under:
41. Control by State Government-(1) The Authority, the Chairman or the
Vice-Chairman shall carry out such directions as may be issued to it from
time to time by the State Government for the efficient administration of this
Act.
(2) ...
(3) The State Government may, at any time, either on its own motion or on
application made to it in this behalf, call for the records of any case disposed
of or order passed by the authority or Chairman for the purpose of satisfying
itself as to the legality or propriety of any order passed or direction issued
and may pass such order or issue such direction in relation thereto as it may
think fit:
Provided that the State Government shall not pass an order prejudicial to any
person without affording such person a reasonable opportunity of being
heard.
(4) ...
35. Clause (1) thereof empowers the State Government to issue general directions
which are necessary to properly enforce the provisions of the Act. Clause (3) thereof
make it crystal clear that the State Government is a revisional authority. Therefore,
the scheme of the Act makes it clear that if a person is aggrieved by an order of the
authority, he can prefer an appeal before the Appellate Authority i.e. Divisional
Commissioner and the person aggrieved of that order may file Revision Application
before the State Government. However, the State Government cannot pass an order
without giving opportunity of hearing to the person, who may be adversely affected.
36. In the instant case, it is the revisional authority which has issued direction to
GDA to make allotment in favour of both the parties. Orders had been passed without
hearing the other party. The authority, i.e. GDA did not have the opportunity to
examine the case of either of the said parties. The High Court erred in holding that
Clause (1) of Section 41 empowers the State Government to deal with the application
of an individual. The State Government can take only policy decisions as to how the
statutory provisions would be enforced but cannot deal with an individual application.
Revisional authority can exercise its jurisdiction provided there is an order passed by
the lower authority under the Act as it can examine only legality or propriety of the
order passed or direction issued by the authority therein.
37. In view thereof, we are of the considered opinion that there was no occasion for
the State Government to entertain the applications of the said parties for allotment of
land directly and issue directions to GDA for allotment of land in their favour.
38. Admittedly, the interim order passed by the High Court in favour of Shri Manohar
Lal in Writ Petition No. 4159 of 1980 was in force and it restrained the Authorities to
make allotment of the land in dispute in favour of anyone else. Indisputably, the
State Government as well as the GDA remained fully alive of the factum of
subsistence of the said interim order as is evident from the correspondence between

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them. In view of the law referred to hereinabove, order passed by the State
Government in contravention of the interim order, remains unenforceable and
inexecutable.
More so, in the writ petition filed by Shri Ugrasen relief sought was limited only to
quash the allotment made in favour of Shri Manohar Lal. No relief was sought for
making the allotment in favour of the writ petitioner/Shri Ugrasen. However, the High
Court vide impugned judgment and order has issued direction to make the allotment
in his favour. Thus, we are of the view that issuance of such a direction was not
permissible in law. Even otherwise as Shri Ugrasen's land had been acquired for
roads, he could not make application for taking benefit of the Land Policy,
particularly, when the Land Policy was not declared to be invalid or violative of
equality clause enshrined in Article 14 of the Constitution.
39. The High Court failed to consider objections raised on behalf of GDA in its letter
dated 19.4.1980 to the State Government pointing out as follows:
(a) Application of Ugrasen is entered on 31.12.1966 as the last entry in
Postal Receipt register.
(b) Entry is at Sl. 15498.
(c) Entry is in different ink.
(d) True copy of application now submitted bears the date 13.12.1966.
(e) There is no signature on the cyclostyled copy.
(f) Application was made in 1971 and was rejected in 1977 by Shri Watal.
Decision not challenged. Ugrasen kept quiet till 1980.
(g) Clerk Mr. Jai Prakash was not working before 1979.
4 0 . It is settled legal proposition that burden lies on the person, who
alleges/avers/pleads for existence of a fact. Sh. Ugrasen was95 under an obligation
to establish the fact of submission of the application in time. Entry in respect of his
application has been made in Postal Receipt Register. As said application was sent
by post, Sh. Ugrasen could explain as to whether the application was sent by
Registered Post/Ordinary Post or under Postal Certificate and as to whether he could
produce the receipt, if any, for the same. In such a fact-situation, the application filed
by Shri Ugrasen could not have been entertained at all, even if he was entitled for the
benefit of the Land Policy.
41. The High Court committed an error observing that if the State Government had
allowed the application filed by Ugrasen it was implicit that delay, if any, in making
the claim stood95 condoned. Such an observation is not in consonance with law for
the reason that if there is a delay in filing application, the question would arise as to
whether the authority has a right to condone the delay. Even if, the delay can be
condoned, the authority had to examine as to whether there was sufficient cause
preventing the applicant to approach the authority in time. But, once the delay has
been considered without application of mind, in a fact- situation like in the instant
case, the question of deemed condonation would not arise. More so, the High Court
could not examine the question of fact as to whether the application was made within
time or not, particularly, in view of the fact that the authority had been making the

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allotment though application had not been made at all in time and it was only
manipulation of the record of the authority with the collusion of its staff.
42. In fact, such exercise by the State amounts to colourable exercise of power. In
State of Punjab and Anr. v. Gurdial Singh and Ors. MANU/SC/0433/1979 : AIR
1980 SC 319, this Court dealing with such an issue observed as under:
Legal malice is gibberish unless juristic clarity keeps it separate from the
popular concept of personal vice. Pithily put, bad faith which invalidates the
exercise of power - sometimes called colourable exercise or fraud on power
and oftentimes overlaps motives, passions and satisfaction - is the
attainment of ends beyond the sanctioned purposes of power by simulation
or pretension of gaining a legitimate goal. If the use of the power is for the
fulfilment of a legitimate object the actuation or catalysation by malice is not
regicidal. The action is bad where the true object is to reach an end different
from the one for which the power is entrusted, goaded by extraneous
considerations, good or bad, but irrelevant to the entrustment. When the
custodian of power is influenced in its exercise by considerations outside
those for promotion of which the power is vested the court calls it a
colourable exercise and is undeceived by illusion.
43. The State Government, being the revisional authority, could not entertain directly
the applications by the said applicants, namely, Sh.Ugrasen and Sh. Manohar Lal. The
action of the State Government smacks of arbitrariness and is nothing but abuse of
power as the State Government deprived GDA to exercise its power under the Act,
and deprived the aggrieved party to file appeal against the order of allotment. Thus,
orders passed by the State Government stood vitiated. More so, it was a clear cut
case of colourable exercise of power.
44. So far as the case of allotment in favour of Manohar Lal is concerned in more
than one respect, it is by no means better than the case of Ugrasen as the initial
allotment had been made by GDA in his favour consequent to the directions of the
Chief Minister of Uttar Pradesh who had no competence to deal with the subject
under the Statute and he has already been put in possession of a part of allotted land
in commercial area, contrary to the Land Policy.
45. There are claims and counter claims regarding the dates of Section 6 declaration;
taking of possession of land; and of making Awards so far as the land of Manohar Lal
is concerned. As per the affidavit filed by the Vice-Chairman, GDA, Section 6
declaration was made on 24.5.1965 invoking the urgency clause under Section 17(1);
possession was taken on 13.7.1965; and Award was made on 11.5.1970. Manohar
Lal preferred writ petition No. 4159/1980 before the Allahabad High Court stating that
Section 6 declaration in respect of his land was made on 30.1.1969, possession was
taken on 29.5.1969 and Award was made on 11.6.1971. None of the parties
considered it proper to place the authentic documents before the Court so that the
real facts be determined. In such a fact situation, we are not in a position to decide
as to whether Manohar Lal's application was filed in time as he had claimed in the
said writ petition that he filed the First Application on 22.6.1969. However, one thing
is clearly evident from the affidavit filed by Vice Chairman, GDA that the land allotted
to both of these parties has been part of commercial area and not of residential area.
In view thereof, any allotment made in favour of Manohar Lal so far, had been illegal
as the application could not have been entertained by the Chief Minister and further
appellant could not get allotment in commercial area. The Land Policy provided only

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for allotment of land in residential area.
46. The fact of illegal allotment of land in commercial area has been brought to the
notice of the Court first time vide affidavit of the Vice-Chairman, GDA dated
27.5.2010. Thus, it is crystal clear that such facts had not been brought on record
before the High Court by GDA at any stage in any of the writ petitions nor it had been
pointed out to the State Government when applications of both these parties had
been entertained directly by the Chief Minister and the State Government. Only
explanation furnished by the Vice- Chairman, GDA, in his affidavit is that due to
inadvertence it escaped the notice of GDA that the plots had been categorized as
commercial in the Master Plan and could not be allotted in favour of any applicant.
Even today, the said plots continue to be in commercial area and not in residential
area.
47. The present appellants had also not disclosed that land allotted to them falls in
commercial area. When a person approaches a Court of Equity in exercise of its
extraordinary jurisdiction under Article 226/227 of the Constitution, he should
approach the Court not only with clean hands but also with clean mind, clean heart
and clean objective. "Equally, the judicial process should never become an instrument
of appreciation or abuse or a means in the process of the Court to subvert justice."
Who seeks equity must do equity. The legal maxim "Jure naturaw aequum est
neminum cum alterius detrimento et injuria fieri locupletiorem", means that it is a
law of nature that one should not be enriched by the loss or injury to another. (vide
The Ramjas Foundation and Ors. v. Union of India and Ors.
MANU/SC/0117/1993 : AIR 1993 SC 852;K.P. Srinivas v. R.M. Premchand and
Ors. MANU/SC/0874/1994 : (1994) 6 SCC 620 andNooruddin v. (Dr.) K.L. Anand
MANU/SC/0533/1995 : (1995) 1 SCC 242).
48. Similarly, in Ramniklal N. Bhutta and Anr. v. State of Maharashtra and
Ors. MANU/SC/0279/1997 : AIR 1997 SC 1236, this Court observed as under:
The power under Article 226 is discretionary. It will be exercised only in
furtherance of interest of justice and not merely on the making out of a legal
point...the interest of justice and the public interest coalesce. They are very
often one and the same.... The Courts have to weigh the public interest vis-
à -vis the private interest while exercising...any of their discretionary powers.
(Emphasis added)
4 9 . I n Tilokchand Motichand and Ors. v. H.B. Munshi and Anr.
MANU/SC/0127/1968 : AIR 1970 SC 898;State of Haryana v. Karnal
DistilleryMANU/SC/0022/1976 : AIR 1977 SC 781; andSabia Khan and Ors. v.
State of U.P. and Ors. MANU/SC/0849/1999 : AIR 1999 SC 2284, this Court held
that filing totally misconceived petition amounts to abuse of the process of the Court.
Such a litigant is not required to be dealt with lightly, as petition containing
misleading and inaccurate statement, if filed, to achieve an ulterior purpose amounts
to abuse of the process of the Court. A litigant is bound to make "full and true
disclosure of facts."
50. In Abdul Rahman v. Prasony Bai and Anr. MANU/SC/1026/2002 : AIR 2003
SC 718; S.J.S. Business Enterprises (P) Ltd. v. State of Bihar and Ors.
MANU/SC/0236/2004 : (2004) 7 SCC 166; andOswal Fats & Oils Ltd. v. Addl.
Commissioner (Admn), Bareily Division, Bareily and Ors. MANU/SC/0216/2010
: JT 2010 (3) SC 510, this Court held that whenever the Court comes to the

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conclusion that the process of the Court is being abused, the Court would be justified
in refusing to proceed further and refuse relief to the party. This rule has been
evolved out of need of the Courts to deter a litigant from abusing the process of the
Court by deceiving it.
51. In view of the above, we are of the considered opinion that Shri Manohar Lal did
not approach the Court with discloser of true facts, and particularly, that he had been
allotted the land in the commercial area by GDA on the instruction of the Chief
Minister of Uttar Pradesh.
5 2 . It is a fit case for ordering enquiry or initiating proceedings for committing
criminal contempt of the Court as the parties succeeded in misleading the Court by
not disclosing the true facts. However, we are not inclined to waste court's time
further in these cases. Our experience has been that the so-called administration is
not likely to wake-up from its deep slumber and is never interested to redeem the
limping society from such hapless situations. We further apprehend that our pious
hope that administration may muster the courage one day to initiate
disciplinary/criminal proceedings against such applicants/erring officers/employees of
the authority, may not come true. However, we leave the course open for the State
Government and GDA to take decision in regard to these issues and as to whether
GDA wants to recover the possession of the land already allotted to these applicants
in commercial area contrary to the Land Policy or value thereof adjusting the amount
of compensation deposited by them, if any.
53. In view of the above, Civil Appeal No. 974 of 2007 filed by GDA is allowed. The
Judgment and order of the High Court dated 22.7.2003 passed in Writ Petition No.
6644 of 1989 is hereby set aside. Civil Appeal No. 973 of 2007 filed by Manohar Lal
is dismissed. No costs.

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