Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Development Act Central Government |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Urban Development: Delhi Development Act, 1957 - ss. 41 and 56 - Direction by Central Government for creation of 'out of turn quota' for allotment of flats - Legality of - Held: Central Government could not issue such directions - It did not have any quota under the Act or the Schemes. 41 envisages that Central Government could issue directions having nexus with efficient administration of the Act and not in the matter of allotment of flats - Moreso, Scheme was closed and could not be revived thereafter - Guidelines being advisory in character per se did not confer any legal right - Also doctrine of legitimate expectation was not invokable - Thus, purported decision being wholly without jurisdiction is a nullity - Administrative law - Legitimate expectation. The respondents floated the Self Financing Registration Scheme, 1982 for the allotment of flats. The appellants got themselves registered under the Scheme, but were not successful in obtaining the flats. The Scheme was closed. Thereafter, public notice was issued for release of more flats and the unsuccessful registrants were given chance to apply. Appellants did not respond to the notice, however, were allotted flats in category III. Appellants did not make payments whereas raised a claim for including their names in VI and VI A Schemes. Respondents rejected the claim. Aggrieved appellants filed complaint before the Consumer Forum on the ground of deficiency of service and unfair trade practice. They were unsuccessful in the first round of litigation. Appellants then approached the Ministry of Urban Affairs. The Joint Secretary (D & L) by letter dated 24.08.2000 addressed to Vice Chairman, DDA directed that the VC, DDA would cover the case of pending registrants (three in number) under the out of Turn Allotment Quota, being hard cases and action would be taken to allot flats. Despite availability of flats, the Ministry's orders were not complied with. Appellant's application before the State Commission was dismissed. Appellants then filed application before Lok Adalat. Lok Adalat held that the DDA did not accept the recommendations since SFS Scheme had become defunct and the scheme of OTA was no longer in existence and thus, directed the appellants to approach appropriate forum. Both the Writ Petitions as also Letter Patent appeals thereagainst were dismissed. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1288 |
Petitioner | Poonam Verma And Ors. |
Respondent | Delhi Development Authority |
SCR | [2007] 13 S.C.R. 552 |
Judgement Date | 2007-12-13 |
Case Number | 5874 |
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