22 March 2024 Constitutional & Government >> Constitution & Law Procedure  

In a significant judgement delivered recently, the Bombay High Court intervened in a Public Interest Litigation (PIL) challenging the cancellation of development projects in Kasba Legislative Constituency. The Court, through a detailed order, quashed two Government Resolutions (GRs) issued on July 27th, 2023 and August 22nd, 2023, finding them to be violative of Article 14 of the Indian Constitution.

Facts:

The State Government, through the impugned GRs, had cancelled certain development projects previously sanctioned for Kasba Constituency. These projects, as argued by the petitioner in the PIL, were aimed at providing essential public amenities to the residents. Simultaneously, the GRs allocated funds for new projects in other constituencies.

Petitioner's Contentions:

The PIL challenged the cancellation of projects in Kasba, arguing that it constituted an arbitrary exercise of executive power. The petitioner contended that the GRs lacked any reasonable justification for cancelling the projects, thereby depriving Kasba residents of essential amenities. This, they argued, violated the principle of equality enshrined in Article 14 of the Constitution.

Court's Reasoning and Legal Principles Applied:

The High Court, in a well-reasoned judgement, upheld the petitioner's arguments. The Court emphasized the well-established principle that all State actions, including those by the executive branch, must be demonstrably fair and non-arbitrary. The Court relied on the settled legal proposition that Article 14 prohibits the State from making arbitrary classifications or exercising power in a whimsical manner.

The Court scrutinized the impugned GRs and found them to be devoid of any explanation or compelling public interest justifying the cancellation of projects in Kasba. This lack of justification, the Court held, rendered the GRs arbitrary and violative of Article 14.

Court's Order:

In light of the foregoing, the Court partially quashed the impugned GRs. The cancellation of projects was limited to those for which work orders were not issued by March 22nd, 2024. Existing work orders for projects mentioned in the cancelled GRs were allowed to proceed.

Furthermore, the Court issued a positive directive to the State Government, mandating them to:

• Allocate necessary funds for the previously sanctioned projects in Kasba Constituency.
• Ensure the execution of these projects within the upcoming financial year.

Significance of the Judgement:

This judgement serves as a crucial reminder to the State authorities that their actions must be undertaken in a fair and reasonable manner. The Court's strong emphasis on the principle of non-arbitrariness reinforces the concept of equal treatment under the law. Additionally, the judgement highlights the crucial role played by PILs in ensuring governmental accountability and upholding the fundamental rights of citizens.

  Constitution of India, 1950