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2017 Supreme(Del) 745

MANMOHAN
Shubit Education Society – Appellant
Versus
D. D. A. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ram Kumar
For the Respondent: Mr. Arun Birbal, Mr. Sanjay Singh

JUDGMENT :

Manmohan, J.

1. Present writ petition has been filed seeking restoration of allotment initially made in Pocket-B, Sector-C, Vasant Kunj, New Delhi, in favour of the petitioner-Society on 28th March, 2003.

2. The admitted facts are that petitioner’s initial writ petition being W.P.(C) 2360/2006 seeking the similar relief was dismissed as infructuous vide order dated 08th August, 2012 in view of the amendment in the DDA (Disposal of Developed Nazul Land) Rules, 1981, whereby the mode of allotment of institutional land to educational institutions was changed from allotment to auction mode vide Gazette Notification dated 19th April, 2006 issued by Ministry of Urban Development, Government of India. The relevant portion of the order disposing of the petitioner’s writ petition being W.P.(C) 2360/2006 is reproduced hereinbelow:-

“5. Learned counsel for the respondent-DDA vehemently asserts that in view of the amendment in the DDA (Disposal of Developed Nazul Land) Rules, 1981, the prayer made in this petition has become infructuous because now, there is no requirement of obtaining the Essentiality Certificate and land for private schools cannot be allotted by the respondent-DDA as

































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