Swarna Shukla –
Published On: September 24, 2021 at 10:15 IST
The Supreme Court observed that an Administrative Authority, exercising Judicial or Quasi-Judicial powers must record reasons for its decision.
The Apex Court stated, if Law provides for a duty to follow record reasons in writing, then it must be followed and if not, it would amount to the violation of the Statute.
A Bench of Justice K.M Joseph and S.Ravindra Bhat in 109-page Verdict said, “ The executive power of the Union and the States are provided in Articles 73 and 162 of the Constitution of India, respectively. Undoubtedly, in India, every state action must be fair, failing which, it will fall foul of the mandate of Article 14.”
The observation was made in a Verdict on an Appeal filed by the National Highway Authority of India (NHAI) against the Patna High Court Order directing to shift the proposed construction of the Toll Plaza at 194 Km milestone of Patna-Bakhtiyarpur Section of NH-30 in Bihar from its current location to any other place on new alignment which separates from old NH-30.
The Bench held that the construction of the Toll Plaza at 194 kilometres was not illegal or arbitrary and the direction by the High Court to shift the Toll Plaza, cannot be upheld and it is liable to be set aside.
It further directed that the NHAI will issue suitable directions to all executive authorities to maintain distinct records containing the decision within three weeks.
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