Land Use Conversion Policy Upheld: No Interference Unless Policy is Arbitrary or Mala Fide: Guj HC
In a recent judgment, a Single-Judge Bench upheld the government’s land use conversion policy, emphasizing that the court’s interference is limited unless a policy is found to be arbitrary or mala fide. The judgment centered around a challenge to a demand for payment under a government resolution related to land use conversion and associated policy measures. The petitioner disputed the payment made under protest, the subsequent transfer of land to a third party, and the petitioner’s locus standi to challenge the proceedings.
The court, while dismissing the petitions as devoid of merits, cited the following observations from its judgment: “The scope of judicial review is very limited in such matters. It is only when a particular policy decision is found to be against a statute or it offends any of the provisions of the Constitution or it is manifestly arbitrary, capricious or mala fide, the Court would interfere with such policy decisions.”
It further highlighted that “the Court would be slow to interfere with matters of government policy except where it is shown that the decision is unfair, mala fide, or contrary to any statutory directions.”
The judgment reiterated the court’s reluctance to interfere with policy decisions unless they are manifestly arbitrary, discriminatory, or contrary to statutory directions, emphasizing the need to exercise extraordinary jurisdiction sparingly.
The government’s policy regarding land use conversion remains intact, as the court found no apparent arbitrariness or mala fides in the policy. This judgment underscores the importance of adhering to established policy frameworks and the limited scope for judicial interference in policy matters.
Date of Decision: 29 September 2023
DIPESH MANIBHAI SHAH Versus STATE OF GUJARAT & 1 other(s)
