Kamla Nehru Memorial Trust vs U.P. State Industrial Development Corporation Limited 2025 INSC 791 - Legal Notice - Land Allotment - Public Trust Doctrine

Legal Notice - The essential elements of a legal notice would include: a. It should contain a clear and concise set of facts which convey the information leading to the relevant circumstances. This element is also fulfilled when reference is made to any earlier communications issued between the concerned parties; b. It should convey the intimation of any impending legal obligation or breach committed by any party; c. It should convey the intention of the party issuing the communication to hold the other party liable to appropriate legal action or charge; and d. The communication in toto must be unambiguous and should not mislead or suppress material information. If issued under a Statute, it must comply with the relevant requirements prescribed therein as well. (Para 23)

Constitution of India - Article 226 - Land allotment authorities such as UPSIDC possess the inherent right to cancel allotments upon violation of stipulated conditions, this Court has consistently emphasized that judicial intervention in matters concerning land revocation should be circumscribed to ensure adherence to procedural safeguards. (Para 20)

Public Trust Doctrine - The Doctrine emanates from the ancient principle that certain resources (seashores, rivers and forests) are so intrinsically important to the public that they cannot be subjected to unrestricted private control. Rooted in Roman law and incorporated into English common law, this Doctrine recognizes that the Sovereign holds specific resources as a trustee for present and future generations -The Doctrine does not impose an absolute prohibition on transferring public trust property, it subjects such alienation to stringent judicial review to ensure legitimate public purpose and adequate safeguards - When a substantial tract of industrial land is allocated without a comprehensive evaluation, it raises critical questions about adherence to these principles. The Doctrine requires that allocation decisions be preceded by a thorough assessment of public benefits, beneficiary credentials, and safeguards ensuring continued compliance with stated purposes. (Para 29-32) [Context: SC directed State Government of Uttar Pradesh and UPSIDC (i) ensure that any such allotment in the future be made in a transparent, non-discriminatory and fair manner by ensuring that such allotment process fetches maximum revenue and also achieves the larger public interest like industrial development priorities, environmental sustainability, and regional economic objectives; and ii) The Subject Land shall also be allotted strictly in accordance with the procedure as illustrated in direction (i) above. (Para 38)]

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