AIR 1996 SUPREME COURT 1175 ::1996 AIR SCW 749 ::(1996) 1 RRR 563 ::1996 (1) UJ (SC) 628 ::1996 UJ(SC) 1 628 ::1996 (61) DLT 526 ::1996 (2) Civ LJ 243 ::1996 (2) SCC 459 ::1996 SCFBRC 13 353 ::(1996) 1 SCR 1154 (SC) ::1996 (2) SCJ 153 ::1996 (1) SCR 1154 ::(1996) 1 JT 647 (SC) ::1996 (1) JT 647

Supreme Court Of India

Hon'ble Judge(s): N. P. Singh, Faizan Uddin , JJ

(A) Constitution of India , Art.14— Reasonable classification - Shopping complex of Municipality - Allotment of shop - Stall holders running shops on certain land for more than 3 decades - Land underneath shops required for road widening - Allotment to such stall holders of shops in shopping complex at concessional rate and without trade zone restriction - Not unreasonable. (Para 8) (B) Constitution of India , Art.14— Equality before law - Is a positive concept - Cannot be enforced in negative manner - Equality clause cannot be invoked to perpetuate an illegal order. The guarantee of equality before law is a positive concept and it cannot be enforced by a citizen or Court in negative manner. To put it in other words, if an illegality or irregularity has been committed in favour of any individual or a group of individuals, the others cannot invoke the jurisdiction of the High Court or the Supreme court, that the same irregularity or illegality be committed by the State or an authority which can be held to be a State within the meaning of Art. 12 of the Constitution, so far such petitioners are concerned, on the reasoning that they have been denied the benefits which have been extended to others although in an irregular or illegal manner. Such petitio....