IMPORTANT POINTS
(1) Allotment of land – If any allotment had been made contrary to existing policy and rules, same would not form a basis of benefit being extended to another society as under law negative parity is not recognised or approved rather it is disapproved – Whenever State intends to transfer any land resort should be by public auction or inviting tenders.
(2) Rules of Executive Business – Mere notings and in-principle approvals do not confer a vested right.

JUDGMENT :

(Vikram Nath, J.) :

These appeals by the Delhi Development Authority assail the correctness of the judgment and order dated 12.11.2021 passed by the High Court of Delhi in L.P.A. No.224 of 2019, whereby the appeal filed by the appellant was dismissed and the judgment of the learned Single Judge dated 15.11.2018 in Writ Petition (Civil) No.4459 of 2014 allowing the writ petition was confirmed. Further challenge is to an order dated 22.02.2022 passed in Review Petition No. 15 of 2022, by which the review petition was effectively dismissed except for a clarification that in the main judgement, in place of Jasola with respect to the resolution of Institutional Allotment Committee¹[IAC], and the approval of Lieutenant Governor, the word Vasant Kunj be read.

Brief facts:

2. Hello Home Educational Society²[The Society], desired to establish a new Junior High School (Class I to Class VIII) in Jasola area, New Delhi. For the said purpose, the Society was required to obtain an Essentiality Certificate, Sponsorship Letter and also the necessary recommendation from the appropriate authority. On 27.12.2000, an Essentiality Certificate was issued by the Deputy Director of Education. Thereafter, on 08.01.2002, Sponsorship Letter was issued by the Estate Branch, Lucknow Road, Delhi for setting up the Middle School in Jasola, District South Zone. It is after the fulfilment of these two conditions that the Land Allotment Committee recommends for allotment of the land.

3. According to paragraph 4 of the Sponsorship Letter, the same was valid for five years and the allotment of land would be made subject to Essentiality Certificate being valid and only for the area recommended. It further provided that in case land is not available in that area, the Society could approach the Land Allotment Committee for fresh sponsorship in areas where the land is available.

4. Having obtained necessary permissions, the Society applied on 09.09.2002 vide Form No.3124 for allotment of one acre of land in the following three areas namely: Jasola, Sarita Vihar and Vasant Kunj.

5. The IAC made recommendation for allotment of land to the Society in Vasant Kunj vide letter dated 23.01.2004. It appears that this letter recommending allotment of land in Vasant Kunj was issued under some mis-conception. The Sponsorship Letter and Essentiality Certificate had been issued for Jasola area only and there was no Essentiality Certificate or Sponsorship Letter for Vasant Kunj area. Vasant Kunj area was in Zone 20, whereas Jasola in Zone 25 at the relevant time and now it is in Zone 29.

6. A complaint was made by one Mr. Sukhbir Singh, who was a resident of Vasant Kunj on 21.02.2003, stating that the Society was trying to illegally get an allotment in Vasant Kunj area for establishing a school whereas the sponsorship letter was issued by the Directorate of Education for Jasola area. Despite the said objection, being on record and also the fact that the Society was not entitled to any allotment in any area other than for which the Essentiality Certificate and Sponsorship Letter had been issued, the file for allotment of land measuring 0.54 hectares in Pocket 6 & 7, Sector-B, Vasant Kunj was prepared and submitted for approval. The said file was also placed before the Lieutenant Governor who had in turn granted the in-principle approval for the same on 24.03.2003.

7. Despite the in-principle approval of the Lieutenant Governor, no allotment letter was issued to the Society. A note was made on the same day for verification of the complaint before proceeding any further. The Director of Education was required to give a clarification as to how the land was recommended for allotment in Vasant Kunj area, in place of Jasola. These communications are dated 31.03.2003 and 03.04.2003. The note regarding verification of the complaint was made on the same file in which in-principle approval was granted by the Lieutenant Governor and it was recorded that only after verification, the matte