SHIV SAGAR TIWARI versus UNION OF INDIA AND ORS.

The Minister's action was wholly arbitrary, malafide, and unconstitutional, violating her own policy and not following any tender or criteria, thereby attracting exemplary damages for causing wrongful loss to the government.

Parties: Petitioner: Shiv Sagar Tiwari; Respondents: Union of India and Ors.
Jurisdiction: India
Judgment Date: 08 November 1996
Procedural Posture: Writ Petition (c) No. 585 of 1994 / Order Issued, Petition Still Pending
Outcome: Order issued; Minister liable to exemplary damages; Petition still pending
Legal Topics: Exemplary Damages, Arbitrary Exercise of Power, Allotment of Public Property, Ministers' Liability, Policy Violation

Administrative Law Constitutional Law Public Interest Litigation Exemplary Damages Arbitrary Exercise of Power Allotment of Public Property Ministers' Liability Policy Violation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

Shiv Sagar Tiwari

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (c) No. 585 of 1994 / Order Issued, Petition Still Pending

Legal Issues

1 Validity of allotment of 52 shops/stalls by Minister violating policy
2 Whether arbitrary and malafide exercise of power attracts exemplary damages

Ratio Decidendi

Court Disposition

Order issued; Minister liable to exemplary damages; Petition still pending

Orders

Smt. Shiela Kaul directed to pay Rs. 60 lakhs as exemplary damages to the Government Exchequer within nine months; recoverable as arrears of land revenue if not paid
CBI to continue independent investigation without being influenced by Court observations