LexLALARAM & OTHERS versus JAIPUR DEVELOPMENT AUTHORITY &ANR.
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[2015] 14 S.C.R. 403 LALARAM & OTHERS v .. JAIPUR DEVELOPMENT AUTHORITY &ANR. (Civil Appeal No. 13940 of 2015) DECEMBER 01, 2015 [V. GOPALA G.OWDAAND AMITAVA ROY, JJ.] . A B Land Acquisition - Rajasthan Land Acquisition Act, 1953 - Land of appellants had been compulsorily acquired, in the exercise of the State's power of eminent domain by C invoking an expropriatory legislation - CompuJsory acquisition of their lands for the Indian Army for. its "Field Firing Range" - State Government was to purportedly allot developed land to the land oustees in lieu of compensation - However, plots offered to the appellants till now not D developed - Procrastinated legal tussle spanning over three decades - Issue pertaining to adequate reparation to the appellants - Held: The facts demonstrate that the State Government had taken a pre-meditated decision to allot developed land to the land oustees in lieu of compensation E - As per the successive circulars including the one dated 13; 12.2001, it was incumbent on the State Government to allot developed land with all the essential attributes thereof - The land had been acquired in the year 1981 and more than three decades have elapsed-The delay cannot.be attributed F to the appellants - It would be indefensible and too farfetched . for the respondents to contend that the circular dated 13.12.2001 cannot be construed to be a policy reflecting the executive decision as contemplated u!Art. 166 and is not enforceable, as the subject matter thereof had not been laid G before the Chief Minister u/r.31 of the Rajasthan Rules of Business u/Art.166 of the Constitution - The plea of the respondents, at this belated stage, to take refuge of · unenforceabi/ity of the circular dated 13, 12. 2001 in isolation, · 403 H 404 SUPREME COURT REPORTS [2015] 14S.C.R. A as not being a binding policy, cannot receive judicial imprimatur - The predominant facts herein, justifiably demand a fitting relief modelled by law, equity and good conscience - The value of the acquired land of the appellants, as on today, cannot' be taken to be an B unmistakable index to identify the developed land to be allotted to them - In the singular facts and circumstances of the case and for the sake of complete justice, the appellants are entitled to be allotted their quota of 15% developed land in the terms of policy/circular dated 13. 12.2001 in one or more c available plots as enumerated by them in their affidavit dated 17.8.2015 - Respondents directed to accommodate them accordingly - Jaipur Development Authority Act, 1982 - Constitution of India, 1950 - Art. 166 - Rajasthan Rules of Business u!Art.166 of the Constitution-r.31. D Constitution of India, 1950 - Arts.142, 14 and 21 - Powers under Art. 142 - Nature and extent of the power - Held: The plenary powers of Supreme Court enshrined in Art. 142 of the Constitution for achieving complete justice is only an insignia of empowerment so that the constitutional E guarantees are not reduced to mere ritualistic incantations - Supreme Court extra-ordinarily does exercise its power . under Article 142 as warranted in a given fact situation, for making order (s) as is felt necessary for doing complete justice in a case a matter pending before it- There can be F no straight jacket formula, for its exercise nor there can be any fetter thereto, it being plenary in nature - The invocation of this power is to reach injustice and redress the same, if it is not feasible otherwise to achieve this avowed objective - In doing so, this Court acts in its equity jurisdiction to balance G the conflicting interests of the parties and advance the cause of administration of even handed justice - The purport and purpose of this power being justice oriented and guided by equitable principles, it chiefly aims at the enforcement of a public duty, if not forthcoming on legitimate justification H LALARAM v. JAIPUR DEVELOPMENT AUTHORITY 405 ensuing in oppressive injustice, militating against the A constitutional ordainment of equality before law and equal protection of laws enshrined in Art. 14 of the Constitution and entrenched as are, among others, in the invaluable right to . life envisioned in Art. 21 of the Constitution. Constitution oflndia, 1950-Art. 166- Executive power 8 of the State - Scheme of executive functioning- Conduct of business of the Government of a State - Valid executive decision in terms of the Rules o
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