State Of Andhra Pradesh Vs Dr. Rao, V.B.J. Chelikani 2024 INSC 894 - Land Allotment - Constructive Res Judicata

Land Allotment - Writ Petitions challenged the allotment of land parcels, vide several State Government Memoranda, within the Greater Hyderabad Municipal Corporation limits. The land was allocated to Cooperative Societies composed of members of various groups, including Members of Parliament , Members of both houses of the State Legislature, officers of All India Services, Judges of the Supreme Court and High Court, State Government employees, defence personnel, journalists and individuals from weaker sections of society- SC Quashed GoMs to the extent they classify MPs, MLAs, officers of the AIS/State Government, Judges of the Constitutional Courts, and journalists as a separate class for allotment of land at the basic rate- Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment- Judges of the Supreme Court and the High Court, MPs, MLAs, officers of the AIS, journalists etc. cannot be treated as a separate category for allotment of land at a discounted basic value in preference to others. The object of the policy perpetuates inequality. The policy differentiates and bestows largesse to an advantaged section/group by resorting to discrimination and denial. It bars the more deserving, as well as those similarly situated, from access to the land at the same price. It promotes social-economic exclusion, to favour a small and privileged section/group. The policy does not meet the equality and fairness standards prescribed by the Constitution.

Constitution of India - Article 14 - While the power to distribute and redistribute public assets and resources lie within the State’s discretion, such discretion is not absolute. Article 14 and the logic of equality impose fetters on the exercise of this discretionary power. Therefore, it cannot be questioned or contested that state policy and executive action must satisfy the rigours of Article 14.- the mere fact that a policy caters

Res Judicata - Constructive res judicata will have limited application to public interest litigation. (Para 35)