Public land can't be allotted on caste, religious ground: SC

NEW DELHI: The Supreme Court today held that government cannot alltot land on caste, community or religious consideration as such a move has the potential to divide the society and was contrary to the country's cherished secular values.

A bench of justices G S Singhvi and A K Ganguly, while quashing Madhya Pradesh government's decision to allot land to a trust named after late BJP chief Kushabhau Thakre, said no government has "unfettered discretion" or "absolute discretion" in making such allotments.

"The allotment of land by the state or its agencies/instrumentalities to a body/organization/institution which carry the tag of caste, community or religion is not only contrary to the idea of secular democratic republic but is also fraught with grave danger of dividing the society on caste or communal lines," the apex court said.

The bench cancelled the state government notification for allotting around 20 acres of land to the Trust whose trustees include senior BJP leaders L K Advani, M Venkaiah Naidu and Murli Manohar Joshi.

"In our constitutional structure, no functionary of the state or public authority has an absolute or unfettered discretion. The very idea of unfettered discretion is totally incompatible with the doctrine of equality enshrined in the Constitution and is an antithesis to the concept of rule of law," the bench said.