Administrative Action Of Public Authority Cannot Be Invalidated Merely For Not Recording Reasons When It Had No Duty To Do So: Supreme Court

The Supreme Court observed that an administrative action of a public authority cannot be struck down merely for not 'recording' reasons when there was no duty on its part to do so.The court may, when there is no duty to record reasons, support an administrative decision, with reference to the pleadings aided by materials, the bench of Justices KM Joseph and S. Ravindra Bhat observed. The court may, when there is no duty to record reasons, support an administrative decision, with reference to the pleadings aided by materials, the bench of Justices KM Joseph and S. Ravindra Bhat observed. First Proviso states that the executing authority may, for reasons to be recorded in writing, locate or allow the concessionaire to locate a within a distance of ten kilometres of such municipal or local town area limits, but in no case within five kilometres of such municipal or local town area limits: Second Proviso reads as follows: Where a section of the national highway, permanent bridge, by-pass or tunnel, as the case may be, is constructed within the municipal or town area limits or within five kilometres from such limits, primarily for use of the residents of such municipal or town area, the may be established within the municipal or town area limits or within a distance of five kilometres from such limits. Also from the judgment 'In India, Every State Action Must Be Fair, Failing Which It Will Fall Foul Of Article 14' : Supreme Court Sets Aside Direction To Shift NH Toll Plaza Citation: LL 2021 SC 493 Case name: National Highway Authority of India vs Madhukar Kumar Case no.| Date : CA 11141 OF 2018 | 23 September 2021 Coram: Justices KM Joseph and S. Ravindra Bhat Counsel: Sr. Adv Neeraj Kishan Kaul, Advocate Rahul Shyam Bhandari for appellant, Sr. Adv Shyam Divan, Adv Ravi Bharuka for respondents