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The Energy and Resources Institute v. Suhrid Sudarshan Shah & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6606 of 2016 (Diary No. 36001 of 2012))Decided 22 Jul 2016
Civil Appeal No. 6606 of 2016 (Diary No. 36001 of 2012)
Chief Justice T.S. Thakur · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

This order sends the case back; it does not decide the dispute. A public interest petition challenged the State of Uttarakhand's allotment of government orchards to private parties on long-term lease without auction. After an earlier remand by the Supreme Court, the High Court cancelled the grants and leases, including those in favour of the present appellants.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court gave no reasoned analysis of the appellant's specific affidavits and contentions, and in the companion appeal had proceeded against a grantee who was already dead without properly establishing service on his heirs. It quashed the High Court's judgment only as it concerned these two appellants and sent the writ petition back to the High Court for fresh consideration only with regard to them. It declined to examine the merits of the allotments and left all questions open.

Lesson Learnt

There is no final ruling yet on the validity of the orchard leases held by these two parties. A court cancelling a grant must deal with the affected party's specific contentions and ensure the heirs of a deceased party are properly served.

Official source (sci.gov.in)View Judgment (PDF)

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