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NEW DELHI: Supreme Court on Friday affirmed the Uttar Pradesh State Industrial Development Corporation’s resolution to cancel allotment of 125 acres of land in Sultanpur to Kamla Nehru Memorial Trust (KNMT), named after Congress politician Rahul Gandhi’s nice grandmother, saying an enormous tract of business land was allotted with out evaluating advantages to the general public.Dismissing KNMT’s attraction, a bench of Justices Surya Kant and N Kotiswar Singh stated that although the land was allotted in 2003, the belief failed to make well timed cost of the price of the land and stored in search of “unwarranted concessions, including waiver of interest and rescheduling of dues”. It additionally cancelled the following allotment of the identical land to Jagdishpur Paper Mills.Terming KNMT a power defaulter, the bench stated, “UPSIDC’s action in treating KNMT as a defaulter was, therefore, both justified and necessary to preserve the integrity of the allotment process. Allowing such deliberate defaults to persist unchecked would undermine the entire framework of land allocation and set a detrimental precedent.”Writing the judgment, Justice Kant faulted UPSIDC for not following the general public belief doctrine in allotment of lands. “While we have upheld the cancellation due to KNMT’s default, the circumstances reveal systemic concerns in the original allocation process. UPSIDC allotted the land to KNMT within merely two months of application (in 2003), raising questions about the thoroughness of the evaluation. Furthermore, during the pendency of this dispute, UPSIDC demonstrated remarkable alacrity in considering alternative allotments to Jagdishpur Paper Mills Ltd,” it stated.Justice Kant stated the general public belief doctrine required that allocations have to be preceded by a radical evaluation of public advantages, beneficiary credentials, and safeguards guaranteeing continued compliance with acknowledged functions. None of it was enforced whereas allotting the land to KNMT or the paper mill, the bench stated and cancelled the allotment to the paper mill.SC stated, “UPSIDC ought to have considered verifiable evidence of economic benefits, employment generation potential, environmental sustainability, and alignment with regional development objectives to demonstrate that the decision serves the collective benefit.”“The failure to adopt transparent mechanisms not only deprived the public exchequer of potential revenue, as evidenced by the substantial appreciation in the value of such a large tract of land, but also created a system where privileged access supersedes equal opportunity. This betrays the fiduciary relationship between the State and its citizens,” it stated.SC directed the UP authorities and UPSIDC to be certain that all future land allotments have to be made in a clear, non-discriminatory and truthful method, and fetched most income whereas reaching the bigger public pursuits – industrial improvement, environmental sustainability and regional financial targets.
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