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        Case ID :

        2007 (10) TMI 647 - SC - Indian Laws

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        Negative equality under Article 14 cannot justify repeating an illegality or unauthorized land-use benefit. Article 14 does not permit negative equality, and a party cannot compel the authority to repeat an illegality merely because similar irregular or ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Negative equality under Article 14 cannot justify repeating an illegality or unauthorized land-use benefit.

                          Article 14 does not permit negative equality, and a party cannot compel the authority to repeat an illegality merely because similar irregular or unauthorized benefits were granted to others. The claim for parity failed where the underlying dispute involved unauthorized construction and deviation from sanctioned user conditions under the brochure, lease deed, and authority directions. The Court held that Article 226 cannot be used to perpetuate an illegality or require action contrary to governing law and contractual terms. The discrimination plea was therefore rejected, and no entitlement to parity was recognized.




                          Issues: Whether the appellant could claim parity and seek permission for change of user on the ground that similar benefits were granted to others, despite the alleged illegality or irregularity in those other cases.

                          Analysis: The notice and subsequent orders were founded on unauthorized construction and deviation from the sanctioned use of the plot, contrary to the brochure conditions, lease deed stipulations, and the authority's directions. The plea of discrimination failed because Article 14 embodies positive equality and does not permit repetition of an illegal or unauthorized act. An order or benefit granted contrary to law in another case cannot be treated as a legal foundation to compel the authority to extend the same illegality to the present appellant. The power under Article 226 cannot be invoked to perpetuate an illegality or to direct the authority to act contrary to the governing terms and law.

                          Conclusion: The claim of discrimination was rejected and the appellant was not entitled to parity with others on the basis of any alleged wrong or irregular benefit extended in other cases.

                          Ratio Decidendi: Article 14 does not permit negative equality, and a party cannot demand repetition of an illegality on the ground that similar illegality was committed in favour of others.


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                          ActsIncome Tax
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