Land cannot be allotted to caste or religious bodies: Supreme Court

The Supreme Court (SC) on Wednesday scrapped a Madhya Pradesh government’s order issued six years ago, allotting 20 acres to a Bhopal-based trust comprising among others BJP leader LK Advani, Murli Manohar Joshi and M Venkiah Naidu.
Former chief minister Kailash Joshi had sought the land for setting up a multi-purpose institution for public in memory of party’s ideologue Keshubhau Thakre. He had sought the land from the then chief minister Uma Bharti.

The court said the allotment “is also fraught with the grave danger of dividing the society on caste or communal lines. Allotment of land to such bodies or organisations or institutions on political considerations or by way of favouritism or nepotism or with a view to nurture the vote bank for future is constitutionally impermissible”.

The top court said allotment of prime land without bringing it to the notice of the public was “unconstitutional’ as it was discriminatory. Distributing land by the State or its agencies to a body or organisation or an institution, carrying the tag of caste, community or religion, is contrary to the idea of a Secular Democratic Republic, the court said.

“The competent authority should issue an advertisement incorporating therein the conditions of eligibility so as to enable all similar situated eligible persons, institutions/organisations to participate in the process of allotment, whether by way of auction or otherwise,” SC added.

“In a given case the government may allot land at a fixed price but in that case also allotment must be preceded by a wholesome exercise consistent with Article 14 (equality) of the constitution,” it further said.

The   very   idea   of unfettered   discretion   is “totally   incompatible”   with   the   principle of   equality and it’s an “antithesis to the concept of rule of law”, the court ruled.