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SUPREME COURT OF INDIA
MADAN B. LOKUR, DEEPAK GUPTA, JJ.
CHANDRO DEVI & ETC. – APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. – RESPONDENT(S)
CIVIL APPEAL NO(S). 11360-11361 OF 2017) (Arising out of SLP (C) NO(S). 33396 – 33397 OF 2011)
Decided On : 08-09-2017
(b) Administration of justice – Clause 17, SOP 2001 r/w clause 18, SOP 2007 – Right to get the licences renewed immediately on the expiry of five years withdrawn – Allottees expected to apply again after a minimum break of three years – Respondents declining renewal after five years – Change in SOP neither arbitrary nor irrational – No vested right of renewal accruing to the allottees. (Para 10, 12, 13)
(c) Legitimate expectation – No specific representation to any petitioner concerning automatic renewal year after year – Mere practice not enough – The only “representation” or “assurance” to each of the allottees being likelihood of renewal for one more year at the discretion of the Respondent – Plea of legitimate expectation rejected. (Para 11)
Facts of the case:
The original writ petitioners were rehabilitated by allocating them shops in those colonies where defence personnel reside. These colonies were being managed by the Station Commander. In Delhi such colonies are located at S.P. Marg, Delhi Cantt., Arjun Vihar, Dhaula Kuan,
As per the lease deed(s) entered between the writ petitioners and the Station Commander, the leases were granted to the petitioners only for a period of 11 months, but there was a clause in the lease deed that it could be renewed. On 13th April, 2007 a policy was introduced, which provided that the lease should not be extended beyond 5 years under any circumstances. However, the persons whose leases were cancelled after 5 years could apply for grant of fresh lease after 3 years. The leases of the leaseholders were cancelled since they had held the shops on lease for more than 5 years.
The petitioners challenged non-renewal of their leases and claimed that they were entitled to renewal thereof. The learned Single Judge dismissed the writ petitions. The letter patent appeals filed by the lessees including the appellant herein were dismissed by the Division Bench. Some of the original writ petitioners filed special leave petitions which were dismissed. Some of the writ petitioners like Chandro Devi, the present appellant, did not approach Supreme Court.
Two sets of review petition(s) was filed before the High Court one by the persons who had approached Supreme Court and another review petition was filed by Chandro Devi, who had not approached Supreme Court. The review petitions were time barred but the delay was condoned. These review petitions were dismissed leading to the filing of a number of special leave petitions and one contempt petition.
Finding of the Court:
No vested right of renewal accruied to the allottees.
Result: Appeals dismissed.
JUDGMENT
Deepak Gupta, J.
CIVIL APPEAL NO. 11360 OF 2017 (Arising out of SLP (C) NO. 33396 OF 2011)
1. Leave granted.
2. This appeal is directed against the judgment dated 25th November, 2011 passed in Review Petition No.694 of 2011, whereby the Division Bench of the Delhi High Court dismissed the review petition and refused to recall the judgment dated 29th July, 2010 passed in Letters Patent Appeal No.513 of 2010, which was dismissed, upholding the judgment of the learned Single Judge, dated 12th July, 2010.
3. At the outset, it would be pertinent to mention that a number of writ petitions were filed by the petitioners who were either ex-servicemen, who had suffered injuries during war or active service or had retired after rendering full service. Some of the writ petitioners like Chandro Devi (appellant herein) were family members of the deceased army personnel, who had died in war etc.
4. The original writ petitioners were rehabilitated by allocating them shops in those colonies where defence personnel reside. These colonies were being managed by the Station Commander. In Delhi such colonies are located at S.P. Marg, Delhi Cantt., Arjun Vihar, Dhaula Kuan, Shankar Vihar etc. It is not disputed that as per the lease deed(s) entered between the writ petitioners and the Station Commander, the leases were granted to the petitioners only for a period of 11 months, but there was a clause in the lease deed that it could be renewed. On 13th April, 2007 a policy was introduced, which provided that the lease should not be extended beyond 5 years under any circumstances. However, the persons whose leases were cancelled after 5 years could apply for grant of fresh lease after 3 years. The leases of the leaseholders were cancelled since they had held the shops on lease for more than 5 years.
5. The petitioners challenged non-renewal of their leases and claimed that they were entitled to renewal thereof. The learned Single Judge dismissed the writ petitions. The letter patent appeals filed by the lessees including the appellant herein were dismissed by the Division Bench. Some of the original writ petitioners filed special leave petitions before this Court, which were dismissed. However, the petitioners, who had approached this Court, were granted time to vacate the premises up to 30th November, 2011 on their filing usual undertaking in this regard. Some of the writ petitioners like Chandro Devi, the present appellant, did not approach this Court. After the decision by this Court, one set of review petition(s) was filed by the persons, who had approached this Court and another review petition was filed by Chandro Devi, who had not approached this Court. The review petitions were time barred but the delay was condoned. These review petitions were dismissed leading to the filing of a number of special leave petitions and one contempt petition.
6. On 17th July, 2017 we had dismissed the Special Leave Petition (Civil) Nos.4078 of 2011 and 3982 of 2012. We had, however, ordered that we would consider the case of Chandro Devi and Surendra Kumar. As far as the case of Surendra Kumar is concerned, i.e. Contempt Petition Nos.508-509 of 2014, the same was disposed of separately vide order dated 4th September, 2017. This leaves only the case of Chandro Devi. She had admittedly not approached this Court in the earlier round of litigation.
7. The main argument raised on behalf of the appellant by Shri Rajeev Dhavan, learned senior counsel appearing for the appellant is that the judgments of both the learned Single Judge as well as the Division Bench are based on a letter dated 4th September, 2008. On the top of this letter the words ‘DGL’ in capital letters are typed and, according to the appellant, this means ‘Draft Government Letter’. It is urged that this letter, which was only a draft letter, was held out to be the guidelines of the Government and based on this letter the learned Single Judge as well as the Division Bench dismissed the writ petiti
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