In December 2002, the Supreme Court had quashed the Central Government’s notification cancelling all the 3,760 allotments.

The three-member Bench reiterated the committee’s finding that no allotment was cancelled “merely on the ground of political linkage/patronage but while considering the legality or otherwise of the allotment, political linkage/patronage was kept in mind as one of the factors.”

Even after recording a finding that there was a political linkage for the allotment, the Committee considered whether the authorities made the allotment at the cost of merit and ignoring public interest, the Court said.

“Only in those cases where merits have suffered or allotment has been made on extraneous considerations that the Committee held the allotment as contrary to law,” the Bench, which also included Justice C K Thakker and R V Raveendran, said.

The Court rejected the “preliminary objection” raised by the applicants. “It could not be said that the Court was to consider only political linkage/patronage and the Committee had exceeded its powers and/or jurisdiction in taking into account other extraneous matters. In fact, the Court’s direction was to consider extraneous considerations, if any, in allotment and if so, to pass an appropriate order and to report on those aspects,” the judgment said.

Of the 409 cases, more than 100 cases were approved on merit and 297 allotments were found being not in accordance with the guidelines and therefore could not be approved.

“Maybe the petitioners have spent some amount. But once the allotment itself was found to be vitiated, obviously they cannot claim any benefit as allotment was contrary to law. Moreover, such allotment has been made in remote past and even though an order of cancellation had been passed by the Central Government as early as in August, 2002, the allottees have been protected by (an) interim order passed by this Court,” the order said.

... contd.