JUDGMENT

SARKARIA, J.:—This appeal by certificate arises out of a judgment of the High Court of Delhi dismissing the appellant s writ petition under Article 226 of the Constitution.

2. The appellant D. L. F. Housing Construction (P) Ltd. (hereinafter referred to as the Coloniser) carries on the business of colonisation and development of lands in Delhi. Among the colonies which were developed by it are New Delhi Sough Extension Part I and Part II Shivaji Park, Hauz Khas Kailash Greater Kailash I and Greater Kailash II. The Coloniser submitted applications for the development of these colonies and obtained sanctions of the lay-out plans under the extant laws. Sanctions for five of these colonies were granted by the Delhi Development 387 Provisional Authority in the year 1956 under the Delhi (Control of Building Operations) Act 53 of 1955 and the Regulations framed under Section 19 of the Delhi (Control of Building Operations) Ordinance No. V of 1955.

3. Under regulation 5 (3) (ii), before a Coloniser undertakes to subdivide a plot of land into building plots, he is required to enter into an agreement with the Central Government for the internal development of the land to the satisfaction of the Authority. A Coloniser seeking permission to develop an area of land as a colony has to submit an application for the purpose together with a lay-out plan in which he has to set apart, among other things, open spaces for roads, parks etc. and open sites for other public utility services such as schools, dispensaries etc. The principles and conditions on which the sanction is accorded are indicated in the Regulations. Sanctions for development of the first colonies mentioned above were obtained by the Coloniser in 1956 and of Greater Kailash II in 1959.

4. On January 12, 1965, the Municipal Corporation (Respondent 1) be a letter required the Coloniser to hand over, free of cost, the total land in its colonies under roads, public parks and such other public utility services, including the land set apart for schools, hospitals and similar other public institutions, as provided under Regulation 5 (3) of the Delhi (Control of Building Operations) Regulations. It also reminded the Coloniser of its obligation under sub-paragraph (iv) of Regulation 5 (3) to transfer all such land to it. It further asserted that all such plots in all the colonies developed by the Coloniser which had been set apart for public utility services, vest in Delhi Municipal Corporation in accordance with the Regulations.

5. On June 28, 1965 the Coloniser received a notice, dated June 24, 1965, from the Delhi Municipal Corporation (Respondent 1) through its Deputy Commissioner (Respondent 2) regarding vacant plots in N. D. S. E. Parts I & II that had been set apart for public utility services. The material part of this notice runs as under:-

"The services of the colony of N. D. S. E. I and II have been taken over by the Municipal Corporation Delhi long ago; and as provided under Section 313 (b) of D. M. C. Act 1957, vacant plots and other services indicated in the layout plans automatically vest in the Municipal Corporation of Delhi.

It is, therefore, understood that the possession of the plots in N. D. S. E. Parts I and II earmarked for Primary School and High School in both the above colonies now vests in the Municipal Corporation of Delhi and further action to utilize these plots will be taken in the interest of the public/residents of these colonies."

In reply to this letter the Coloniser informed Respondent 1 that it had no authority under the law to treat these sites, and similar sites in the other colonies as vesting in Respondent 1. The Coloniser asserted that it was holding these plots as owner thereof.

6. The Coloniser on July 27, 1965, filed a petition under Article 226 of the Constitution for impugning the aforesaid notices dated 12-1-65 and 24-6-65 whereby the Municipal Corporation directed the Coloniser to transfer such plots to it free of cost. The Coloniser pleade