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Schooling the State Government

Courtesy/By: Utkarsh Yadav | 27 Aug 2018

It is well within the power of the Judiciary to declare verdicts against the state or even the Union Government. There is a reason that the Judicial systems are free from the shackles of the administration interests. The Uttarakhand High Court flexed it's independent instruments in the instance of leasing out land to Private Corporation.

In 2010, the Uttarakhand Government leased out a considerable size of land in the vicinity of Nainital to the Emami Group. The intention of the government was to establish an Ayush Gram Medical facility as well as a luxury hotel. The High Court condemned the state for this action that was characterized by the Court as a misusal of powers on the state's hand.

The Government was tasked with the construction of eight Ayush Gram Medical Hospitals throughout the state. Strangle enough, this was the only location that the government decided to entrust to a private corporation. This pecularity established the government's clear endorsement towards a private organization, and quashes the government's counter point that it carried out this transaction in the hopes of increasing medical tourism.

This issue was brought to light through the filing of a PIL through one Mohammed Azam. According to the petitioner, the leased area also consisted a chunk of forest land. There was no permission obtained for the perusal of this land.

Ultimately, the Court deemed the original contract as nullified.

Courtesy/By: Utkarsh Yadav | 27 Aug 2018