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Supreme Court of India 2016-08-01 allowed

Lok Prahari vs State of U.P. & Ors

Bench: 3 — Anil R. Dave

In Brief

The Supreme Court held that the Uttar Pradesh Ex-Chief Ministers Residence Allotment Rules, 1997 are invalid and ultra vires. The Court ruled that former Chief Ministers are entitled to occupy government residences only for 15 days after demitting office, as per the statutory Uttar Pradesh Ministers Act, 1981. The 1997 Rules, permitting lifetime residential occupation, are non-statutory executive instructions that contradict the statute and hence void. The Court upheld the petitioner's locus standi as a public-interest advocate and directed immediate vacation of occupied bungalows with rent recovery. Allotments to private trusts without statutory authorization were similarly struck down.

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Administrative Law Constitutional Law Public Interest Litigation Civil Procedure Right to Property Public Exchequer and Misuse of Government Resources Separation of Powers Statutory Interpretation Government Accommodation and Perquisites

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