NDLI: Delhi Development Authority Vs. Hello Home Education Society

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Allotment Committee Sponsorship Letter Essentiality Certificate Mis-conception In-principle approval
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for Consideration: Mere notings and in-principle approvals, if confers a vested right; in view of the change in policy decision and the amended 1981 Rules that the allotment of land would be made through auction and also included those cases where allotment was yet to be made, if the High Court was justified in granting relief to the respondent society; and that the litigant who is not diligent, if could invoke the extraordinary jurisdiction of the High Court u/Art. 226 of the Constitution of India. Administrative law – Policy decision – Change in policy – Mere notings and in-principle approvals, reliance upon to claim any right – Matter pertaining to allotment of land to respondent-Educational Society to establish School in Jasola area, wherein the Society secured an Essentiality Certificate and Sponsorship Letter for that area – Complaint by a resident of Vasant Kunj alleging that the Society was trying to get an illegal allotment of land in Vasant Kunj – In-principle approval of the Lieutenant Governor for Vasant Kunj – Thereafter, Institutional Allotment Committee made recommendation for allotment of land to the Society in Vasant Kunj, but no allotment letter issued – Meanwhile change in policy by the Development Authority that allotment of land to Educational Institutions to be made through auction and any further allotment would be covered by the policy decision – Writ petition by the Society seeking direction to the department to implement the decision already taken for allotment of plot to the Society for establishment of school in Vasant Kunj, at par with the other Education Society – Direction by the Single Judge to issue allotment letter – Division Bench upheld the order – Correctness:Held: In-principle approval by the Lieutenant Governor for allotment of land in Vasant Kunj having been granted in 2003, there was no justification for the Society to file a writ petition in the year 2014 on the basis thereof – Essentiality Certificate and Sponsorship Letter were with respect to setting up an educational institution in Jasola Area – Said certificates and the requirements were area specific – Appellant could not be compelled to make an allotment where the essential and mandatory conditions were not fulfilled – Policy decision of 2003 and the 1981 Rules amended in 2006 clearly mentioned that allotment of land would be made through auction and also included those cases where allotment was yet to be made – Before the date of change in policy, there was no allotment of land in favour of the respondent – There was no challenge either to the policy decision or to the 1981 Rules – Merely seeking a Writ on the strength of the in-principle approval given by the Lieutenant Governor would not be maintainable in view of the change situation arisen much earlier to the filing of the writ petition – Furthermore, mere notings and in-principle approvals do not confer a vested right – Also, any allotment made contrary to the existing policy and rules, would not form basis of benefit being extended to another society as under law negative parity is not recognised or approved – Single Judge and Division Bench of the High Court erred while granting relief to the Society, thus, the impugned orders set aside – Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981. [Paras 18.1- 18.4, 18.7, 18.9, 18.10, 19]Delay/ Laches – Inordinate delay in approaching the Court – Effect:Held: Litigant who is not diligent cannot invoke the extraordinary jurisdiction of the High Court u/Art. 226 – On facts, in-principle approval having been granted on 24.03.2003, there was no justification for the Society to wait for 11 years to file a writ petition in the year 2014 on the basis of the said in-principle approval of the Lieutenant Governor – Society ought to have exercised due diligence and should have claimed its rights within a reasonable time from the date of said in- principle approval if the same was not being implemented and the allotment letter was not being issued – There is no justifiable or satisfactory explanation for the said period of inordinate delay of 11 years – Constitution of India – Art. 226. [Para 18.1Administrative Law – Policy decisions – Internal notings, if would confer any right or not: Held: Until and unless the decision taken on file is converted into a final order to be communicated and duly served on the concerned party, no right accrues to the said party – Mere notings and inprinciple approvals do not confer a vested right. [Para 18.7]
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2024 INSC 33
Petitioner	Delhi Development Authority
Respondent	Hello Home Education Society
SCR	[2024] 1 S.C.R. 454
Judgement Date	2024-01-11
Case Number	3659-3660

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Delhi Development Authority Vs. Hello Home Education Society

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