AIR 1996 SUPREME COURT 3458 ::1996 AIR SCW 3164 ::1996 (2) UJ (SC) 575 ::1996 (5) SCC 510 ::1997 (1) RecCivR 97 ::1996 (114) Pun LR 727 ::1996 ( ) HRR 451 ::1996 (3) ICC 886 ::1996 (4) LandLR 557 ::1996 (2) CurLJ(CCR) 545 ::1996 (7) JT 103

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): K. Ramaswamy, G. B. Patnaik , JJ

Haryana Urban Development Authority Act (13 of 1977) , S.15(3)— Haryana Urban Development (Disposal of Land and Buildings) Regulations (1978) , Regn.3(C)— Development authority - Disposal of Land - Mode permissible - Regulations governing disposal by allotment not framed - Disposal by public auction is then the only mode available - Direction to frame Regulation governing allotment issued to authority. Words and Phrases - 'Otherwise' - Connotation. Section 15 (3) read with Regulation 3 (C) does indicate that there are several modes of disposal of the property acquired by HUDA for public purpose. One of the modes of transfer of property as indicated in sub-section (3) of Section 15 read with sub-regulation (c) of Regulation 5 is public auction, allotment, or otherwise. When public authority discharges its public duty the word 'otherwise' would be construed to be consistent with the public purpose and clear and unequivocal guidelines or rules are necessary and not at the whim and fancy of the public authorities or under their garb or cloak for any extraneous consideration. It would depend upon the nature of the scheme and object of public purpose sought to be achieved. In all cases relevant criterion should be pre-determined by specific rules or regulations and published for the public. Therefore, the public authorities are required to make ....