Bringing you the Best Analytical Legal News
“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”
“The State, being a constitutional authority and repository of public trust, is duty-bound to protect, rather than transgress, the civil rights of its citizens, including the right to property. The powers of the State are not plenary or absolute but are circumscribed by constitutional and statutory limitations.”
“Amounts of retiral dues, including gratuity, are not bounties. It is deferred payment to the employee for the long services rendered by him to the Department… The retiral dues are also recognized as property under the Article 300-A of the Constitution.”
“An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is a hard-earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per Article 300-A of the Constitution.”
The Court opined that entitlement to leave encashment is integral to the fundamental rights enshrined under Art. 19(1)(f) and Art. 31 of the Constitution and administrative instruction lacking the force of law cannot override constitutional protections.
The Bombay High Court held that leave encashment is akin to a salary, which is a property, and depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution.
Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.
The Supreme Court observed that an owner of land may not have an absolute and unqualified right which is the idea which not unnaturally comes to mind when the idea of ownership is under consideration.
The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.
Uttaranchal High Court: Lok Pal Singh, J., disposed off a writ petition while allowing it which was filed seeking to issue a
Jharkhand High Court: Rajesh Shankar, J., quashing the impugned letter, held, “The respondent 5 being an administrative/revenue Officer is supposed to know
Karnataka High Court: The Bench of Krishna S. Dixit, J., allowed petition filed by a senior citizen challenging wrongful usurpation of his