2013 (6) TMI 868
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....had created a programme known as "Mewat Regional Development Programme" as far back as 1987-1988. With the approval of the Governor of the State, a Mewat Regional Development Board was also constituted. In order to give impetus to the development of the said region, in 2013-14 the budget was increased from Rs. 25 Crores to Rs. 60 Crores. The government invited proposals from various Panchayat Samities and Zila Parishads with regard to implementation of the development programmes. Consequently, the petitioner had sent a proposal for the Panchayat Samiti, Nagar and the Panchayat Samiti, Deeg. It is the petitioner's case that although according to the letter dated 9.5.2013 the meeting of the Board was scheduled to be held on 5.6.2013, but ....
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....s, the Panchayat Samiti, Kaman has been allotted more budget than it actually could have been given by the Government. This clearly shows that the Panchayat Samiti, Kaman has been favoured over and above the other Panchayat Samities. Fifthly, allotment of budget has to be done fairly, reasonably and proportionately as development of the entire region is in question. Therefore, the respondents could not adopt a policy of pick and choose. Hence, sudden allotment of budget, by order dated 4.6.2013, suffers from hostile discrimination: it is in violation of Article 14 of the Constitution of India. Heard the learned counsel for the petitioner and perused the documents submitted alongwith the petition. It is, indeed, trite to state that ....
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....his court can only examine if the procedure adopted for reaching the decision is legal or not? Therefore, this court would not be justified in substituting its decision for the decision of the government. After all, the courts are not equipped and do not have sufficient information and knowledge to decide on issues or policies. Hence, it is a settled position of law that in the garb of exercise of judicial review the courts should be weary of interfering with the policy decision of the government. The courts are permitted to interfere only if it is clearly made out that the decision is an unfair, unjust, unreasonable, arbitrary, mala fide, or has failed to adhere to the procedure established by the law, or is so illogical that no reasonable....
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....d. Hence, even if the budget were allotted prior to the meeting of the Board, the allocation of budget could not be illegal. The learned counsel has also contended that while distributing the funds, a proportionality has to be kept in mind by the respondents. According to him, budget should be allocated on the ground of "backwardness of an area". According to him, the backwardness of Nagar has been ignored by the respondents. However, the word "backwardness" is a relative term. There is no evidence on record to show that the Panchayat Samiti, Nagar happens to be the most backward area of District Bharatpur. Furthermore, there is no evidence to show the comparative backwardness of Nagar vis-a-vis the other backward areas of Bharatpur. Mor....
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