16. The Government granted mining lease on pick-and-choose basis to a politically influential person. Can a public-spirited citizen challenge it?

Explain the procedure for certification and modification of standing orders

Facts of the Case

The Government granted a mining lease to a person who was politically influential. The grant was made on a pick-and-choose basis, without following a transparent procedure such as public auction or fair selection criteria. Other eligible applicants were ignored, and no clear reasons were recorded for preferring the influential person. A public-spirited citizen, who is not personally affected by the grant, challenges the allotment on the ground that it is arbitrary, discriminatory, and contrary to public interest. The issue arises whether such a citizen has the locus standi to challenge the government action.

Issues in the Case

  1. Whether grant of mining lease on pick-and-choose basis violates Article 14 of the Constitution.
  2. Whether allocation of natural resources must follow fair and transparent procedures.
  3. Whether a public-spirited citizen has locus standi to challenge such grant.
  4. Whether the High Court can entertain the petition under Public Interest Litigation (PIL).

Legal Principles Covered to Support Case Proceedings and Judgements

Natural resources such as minerals are public property held by the State in trust for the people. Under the Doctrine of Public Trust, the government must act fairly, transparently, and for public good while allocating such resources.

In Ramana Dayaram Shetty v. International Airport Authority (1979), the Supreme Court held that government actions must be non-arbitrary and conform to Article 14. In Centre for Public Interest Litigation v. Union of India (2G Spectrum Case, 2012), the Court ruled that allocation of natural resources through arbitrary methods violates constitutional principles and that public-spirited persons can challenge such actions.

The concept of Public Interest Litigation, recognized in S.P. Gupta v. Union of India (1981), liberalized locus standi, allowing any bona fide citizen to approach the court when public interest is affected.

Possible Judgement

The court is likely to hold that the mining lease granted on a pick-and-choose basis is arbitrary and unconstitutional, violating Article 14. The public-spirited citizen has valid locus standi under PIL, as the matter concerns misuse of public resources. The lease is likely to be quashed, and the government may be directed to re-allot the mining rights through a fair, transparent, and non-discriminatory process. Thus, the challenge would succeed.

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