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Baskaran Kanakasabai (entrepreneur)     20 December 2019

Page4 of "land acquisition beyond....."

page4

Answer: The class to be deemed is Arbitrariness

Why Arbitrariness?: Because that is the logically relevant class under which all acquisitions carried out between 1948  and 2013(till the introduction of LARR 2013) can be distinguished as to whether they are constitutionally valid or void.

Laws prohibiting and condemning arbitrariness and upholding Rule of Law:

 

UDHR :Article 17.(2) :No one shall be arbitrarily deprived of his property.

UDHR :Article 7.:All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UDHR :Article 28: Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

 Article-300A of the Constitution of India: No person shall be deprived of his property save by authority of law.

Article 14 of the Constitution of India: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."

Article 21 of the Constitution of India: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

 

Case laws on arbitrariness: “Shrilekha vs. UOI”:”Arbitrariness is anathema to State action in every sphere and wherever the vice percolates, this Court would not be impeded in technicalities to trace it and strike it down. This is the surest way to ensure the majesty of rule of law guaranteed by the Constitution of India” “Where an act is arbitrary, it is implicit in it that it is inequal both according to political logic and constitutional law and is therefore violative of Art.14 of State Policy”

“E.P.Royappa vs State of Tamilnadu”:”the sweep of Article 14 covers all State action

AIR 1990 SC 1402:”The actions and decisions of Public functionaries which touch the common man have to be tested on the touchstone of fairness and justice…..An arbitrary action is ultra vires” “an action is bad even without proof of motive of dishonesty, if the authority is found to have acted contrary to reason”

contd....


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