DELHI DEVELOPMENT AUTHORITY versus ASHOK KUMAR BEHAL AND ORS.

DELHI DEVELOPMENT AUTHORITY versus ASHOK KUMAR BEHAL AND ORS.

The Supreme Court held that inconsistency and contradiction in orders on the same point cannot be perpetuated. The Full Bench of the Delhi High Court resolved conflicting views and concluded that the revised prices were neither arbitrary nor illegal. Judicial review is limited in matters of pricing/costing of flats under Article 226 in contractual schemes. The impugned judgment is set aside and writ petitions disposed of in terms of the Full Bench's order.

Parties
Appellant: Delhi Development Authority; Respondent: Ashok Kumar Behal and Ors.
Jurisdiction
India
Judgment Date
20 August 2002
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals disposed of; impugned judgment set aside; writ petitions disposed of per Full Bench order; no order as to costs.
Legal Topics
Judicial Review Under Article 226, Pricing/costing of Urban Development Flats, Precedent and Binding Nature of Judgments, Revision of Land Rates
Constitutional Law Administrative Law Urban Development Judicial Review Under Article 226 Pricing/costing of Urban Development Flats Precedent and Binding Nature of Judgments Revision of Land Rates

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Parties

Delhi Development Authority

Appellant

Ashok Kumar Behal and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether under Article 226 the Court can interfere in pricing/costing of flats including escalation in cost of land, given Clauses 13 and 14 of the brochure
  2. 2 Whether the revision of cost of land by the Lt. Governor of Delhi was illegal and arbitrary

Ratio Decidendi

The Supreme Court held that inconsistency and contradiction in orders on the same point cannot be perpetuated. The Full Bench of the Delhi High Court resolved conflicting views and concluded that the revised prices were neither arbitrary nor illegal. Judicial review is limited in matters of pricing/costing of flats under Article 226 in contractual schemes. The impugned judgment is set aside and writ petitions disposed of in terms of the Full Bench's order.

Court Disposition

Appeals disposed of; impugned judgment set aside; writ petitions disposed of per Full Bench order; no order as to costs.

Orders

  • Impugned judgment set aside.
  • Writ petitions disposed of in terms of Full Bench judgment in Sheelawanti and Ors. v. D.D.A.