2017 (6) ALJ 404

Allahabad High Court

Hon'ble Judge(s): Narayan Shukla, Sheo Kumar Singh-I , JJ

(A) Constitution of India Art. 299, 226 — Government contracts — Writ Jurisdiction — Scope of interference — Statutory Authority has legal obligation to strictly adhere to statutory provisions while entering into contracts with individuals — Court not allowed to add or subtract anything from terms of agreement between parties, while exercising writ jurisdiction — Relief under writ jurisdiction cannot be granted, unless existing legal right of applicant or corresponding legal duty of opposite party is established — Court cannot ordinarily examine action of Statutory Authority related to contractual obligations under writ jurisdiction, unless such action has public law character attached to it — Writ Court cannot be forum to seek relief based on terms and conditions, incorporated in contract between Nagar Nigam and lessee. (Paras 18, 75, 92, 111, 113, 120, 125)

(B) Constitution of India Art. 299, 226 — Government contracts — Doctrine of equity — Applicability — Person seeking Writ, must approach Court with clean hands and objective — Litigant bound to make full and complete disclosure of facts — Doctrine of equity evolved out of need to deter litigant from abusing process of Court — Party knowingly accepting benefits of any Govt. contract, estopped from denying validity or binding effect of such contract to ensure equity — Doctrine of equity however, cannot be applied in such manner, so as to violate principles of good conscience. Evidence Act (1 of 1872), S. 115. (Paras 94, 101, 130)

(C) Constitution of India Art. 299, 226 — Government contracts — Writ petition — Delay and laches — No limitation prescribed for filing writ petition under Art. 226 — High Court, would not entertain petitions filed after long lapse of time, as it may affect settled rights of parties — Delay in filing petition beyond limitation prescribed for filing civil suit for similar cause, to be considered as unreasonable — High Court can decline to entertain grievance of petitioner on merits, in case petition is barred by delay and laches.

(D) Constitution of India Art. 299, 226 — Government contracts — Lease deed — Payment of labhansh — Land allotted in favour of lessee for residential purpose and not commercial purpose — Nagar Nigam permitting lessee, to transfer plots to another person, only after payment of labhansh amount on each transfer to Nigam — For usage of leased property for commercial purpose, lessee required to strictly adhere to terms and conditions of contract — Lessee reprobating rights in his favour, against Nagar Nigam, by entering into agreement — Lease deed cannot be cancelled on ground that parties mistaken about consideration — Terms and conditions related to property, governed by lease deed — Court not allowed, to add or subtract anything from terms of agreement between parties — Order directing payment of labhansh to Nagar Nigam by lessee, just and proper. Contract Act (9 of 1872), Ss. 10, 21, 23. (Paras 130, 134, 138, 142)

(E) Maxims — Jure Naturae Aequum Est Neminem cum Alterius Detrimento Et Injuria Fieri Locupletiorem — It is a law of nature that one should not be enriched by loss or injury to another.