Published on: April 27, 2024 22:46 IST
Court: Supreme Court of India
Citation: Narpat Singh v. Jaipur Development Authority 2002
Honourable Supreme Court of India held that the exercise of Special Leave Jurisdiction conferred by Article 136 of the Constitution of India is absolutely discretionary. It does not confer a right to appeal on a party to litigation; it only confers a discretionary power of widest amplitude on Supreme Court of India to exercise its jurisdiction only when satisfied about the demands of justice.
It is held that Special Leave is an exceptional power which is to be exercised sparingly only to remedy extraordinary situations resulting in gross failure of justice. It is held that Special Leave to Petition is an overriding power whereunder the Supreme Court of India may step in to impart justice and remedy injustice.
8. Secondly, during the course of hearing Shri G.L. Sanghi, Senior Advocate assisted by Shri S.K. Bhattacharyya, the learned counsel for the respondents, extensively read the decisions of this Court in the cases of Radhey Shyam [ As per revised appearance sheet issued by Supreme Court of India] and Daulat Mal Jain, in particular the latter one wherein this Court has noticed blatant misuse of power having been made by the holders of public office, bureaucrats and unscrupulous beneficiaries having combined together and depriving the State of its valuable land going to the extent of defeating the very public purpose for which acquisitions were made and plots having been allotted to powerful or affluent persons. …………………………………………Shri G.L. Sanghi, the learned Senior Counsel produced for our perusal the inquiry report dated 12-11-1992 of the Lokayukta and read out extensively a few passages therefrom. The report makes a reference inter alia to the land allotted to the 12 awardees including the four appellants herein, by way of compromise although any positive finding of the allotments made to these appellants being vitiated by fraud on public office or statutory power is not recorded. The fact remains that the allotments made even by way of compromise are out of the same land which was acquired for public purpose and out of which other allotments made were struck down by this Court in Daulat Mal Jain case.
Drafted By Abhijit Mishra