The main legal point established in the judgment is that the policy decision of DDA requiring auction for allotment of land to societies for setting up higher/technical institutes was illegal and void, and the entitlement of the petitioners to be considered for allotment of Nazul Land under Rule 5 of the DDA (Disposal of Developed Nazul Lands) Rules, 1981 for setting up higher/technical institutes at a premium determined by the Central Government.

PRADEEP NANDRAJOG, J.

( 1 ) COMMON questions of law arise for consideration in the present set of writ petitions and by and large facts are near identical. I would be referring to additional facts qua petitioners of WP (C) No. 16691-92/04 as some additional facts need to be stated for adjudication of said writ petition.

( 2 ) FOR most of the petitioners this is the third round of litigation. Earlier two rounds were fought when firstly the sponsoring authority i. e. Department of Higher Education, Govt. of NCT of Delhi withdrew sponsorship and the second round was when DDA refused to consider the societies for allotment of land. Needless to state, petitioners won the first two rounds. Consequence is that aforesaid events have delayed consideration of case of petitioners for allotment of a plot of land.

( 3 ) THE writ petitioner of WP (C) No. 3188/06 has brought a representative action for its members and as such is not claiming any specific relief for itself. A declaratory relief is prayed that societies which have established technical institutes or higher education institutes or are desirous of establishing one be held entitled to Nazul Land at predetermined rates.

( 4 ) I need not note the pleadings of the parties in great detail for the reason, as would be evident from what I note hereunder, final battle fought was on a very different issue than what was expected to be fought.

( 5 ) APART from land which had been placed at the disposal of DDA when DDA was incorporated in the year 1957; lands being under the ownership, management and control of the erstwhile Delhi Improvement Trust or the Notified Area committees, (normally referred to as Nazul-1 Lands); post acquisition by the central Government, lands were placed at the disposal of DDA upon such terms and conditions as were agreed upon between the Central Government and DDA. (These lands are normally referred to as Nazul-II Lands ). These lands were placed at the disposal of DDA by and under a notification issued under Section 22 of the Delhi Development Act,1957, which reads as under :-"22. Nazul Lands.- (1) The Central Government may, by notification in the official Gazette and upon such terms and conditions as may be agreed upon between that Government and the Authority, place at the disposal of the authority all or any developed and undeveloped lands in Delhi vested in the union (known and hereinafter referred to as "nazul lands") for the purpose of development in accordance with the provisions of this Act. (2) No development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1 ). (3) After any such nazul land has been developed by, or under the control and supervision of, the Authority, it shall be dealt with by the Authority in accordance with rules made and directions given by the Central Government in this behalf. (4) If any nazul land placed at the disposal of the Authority under sub- section (1) is required to any time thereafter by the Central Government, the authority shall, by notification in the Official Gazette, replace it at the disposal of that Government upon such terms and conditions as may be agreed upon between that Government and the Authority. "

( 6 ) A bare perusal of Section 22 of the Delhi Development Act,1957 shows that it regulates development and disposal of Nazul land. Sub section (1) authorises the Central Government to place at the disposal of DDA Nazul lands for the purposes of development. Sub-section (2) prohibits development of Nazul lands except by or under the control and supervision of DDA. Sub-section (3) stipulates that after the said land has been developed, it shall be dealt by dda in accordance with rules made and directions given by the Central government.

( 7 ) SECTION 56 of Delhi Development Act,1957 empowers the Central government to make rules to carry out the purposes of the

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