The Supreme Court has set aside a Bombay High Court order, criticizing the state’s handling of a land allotment for the proposed Medinova Regal Co-operative Housing Society (MRCHS). The court expressed concerns over the lack of transparency in the distribution of a precious resource like land, deeming the allotment process arbitrary and unjust.
A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, while overturning the High Court’s decision, said the land allotment to MRCHS demonstrated “nepotism and favouritism,” noting that the society was not even eligible for such an allotment in the first place. “Land is a precious material resource of the community, and the least that is required from the state is transparency in its distribution,” the Supreme Court stated. The bench further remarked that the allotment was in clear violation of procedural norms and eligibility criteria. It pointed out that not a single member of MRCHS was a doctor at Tata Memorial Hospital, contrary to the original claim made when applying for the land. The case dates back to 2000 when MRCHS applied for land allotment at Bandra, mentioning that its members worked at the Tata Memorial Centre, a prestigious cancer hospital, and faced long commute times. The application also claimed that none of the members owned a house, and they had been living in distant locations for years. Despite these claims, the Supreme Court found that the society had changed its composition and failed to meet the criteria originally outlined.
The Court stressed that if the land was allotted under the discretionary powers of the government, the authorities must provide written reasons justifying the decision. However, the bench found that the allotment process lacked the required transparency and adherence to rules, calling it a “complete violation” of prescribed procedures. With this ruling, the Supreme Court has emphasized the need for stricter scrutiny and transparency in land allotment processes, especially when dealing with valuable public resources.
