DELHI DEVELOPMENT AUTHORITY versus HELLO HOME EDUCATION SOCIETY

DELHI DEVELOPMENT AUTHORITY versus HELLO HOME EDUCATION SOCIETY

The appeals are allowed because the respondent had no vested right: internal notings and an in-principle approval that was not converted into a communicated allotment order do not confer a right; the DDA's December 15, 2003 policy (and the 2006 amendment to the 1981 Rules) requiring auction/tender applied to pending cases; the respondent's 11-year delay disentitled it to relief under Article 226, therefore the High Court erred in directing allotment and the writ petition is dismissed.

Parties
Appellant: Delhi Development Authority; Respondent: Hello Home Education Society
Jurisdiction
India
Judgment Date
11 January 2024
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of the High Court of Delhi (lpa No.224 of 2019) and Review Order (rp No.15 of 2022)
Outcome
Appeals allowed
Legal Topics
Policy Change, In Principle Approval, Internal Notings, Legitimate Expectation, Delay and Laches, Public Auction/tender, Article 226
Administrative Law Constitutional Law Land Allotment Law Education Law Policy Change In Principle Approval Internal Notings Legitimate Expectation +3 more

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Parties

Delhi Development Authority

Appellant

Hello Home Education Society

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of the High Court of Delhi (lpa No.224 of 2019) and Review Order (rp No.15 of 2022)

Legal Issues

  1. 1 Whether mere internal notings and in-principle approvals confer a vested right to allotment of public land
  2. 2 Whether a policy change and amendment to the 1981 Rules making allotment by auction/tender applies to pending allotment cases
  3. 3 Whether the High Court was justified in issuing a writ of mandamus directing allotment on the basis of in-principle approval

Ratio Decidendi

The appeals are allowed because the respondent had no vested right: internal notings and an in-principle approval that was not converted into a communicated allotment order do not confer a right; the DDA's December 15, 2003 policy (and the 2006 amendment to the 1981 Rules) requiring auction/tender applied to pending cases; the respondent's 11-year delay disentitled it to relief under Article 226, therefore the High Court erred in directing allotment and the writ petition is dismissed.

Court Disposition

Appeals allowed

Orders

  • Impugned orders of the Division Bench dated 12.11.2021 and the Single Judge dated 15.11.2018 set aside
  • Writ Petition (Civil) No.4459 of 2014 dismissed