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Supreme Court of India 2018-10-30 allowed

J.S. Luthra Academy & Another vs State of Jammu and Kashmir & Others

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The Supreme Court examined whether a state government could allot land to an educational institution without public auction, with two kanals provided free of cost. The Academy, after eviction from wakf property, sought land to continue operating its school. The Court held that allocation backed by genuine social welfare purpose (protecting children's education) does not violate Article 14, even without competitive bidding. However, free allotment of natural resources to the State is unjustifiable. The Court allowed the appeal but required the Academy to pay market rate (Rs. 8 lakhs per kanal plus 6% interest) for the two free kanals, as the loss was reimbursable and did not cause lasting public harm.

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Education Law Administrative Law Public Property Allocation Natural Resources Constitutional Law Article 14 - Equality Land Allotment Arbitrariness

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