Prathiba M. Singh, J.

1. The sentiment of Non-Resident Indians (hereinafter, ‘NRIs’) to be tied to their country is the fulcrum of this dispute. The present appeal is the lead matter in a batch of 26 appeals arising from the same scheme for allotment of lands which was advertised by the Government. All the legal issues are being determined and decided in the present appeal. On facts, separate orders have been passed in each of the appeals.

2. On 6th February, 1978, the Government of India launched a scheme for “Allotment of land in Delhi to Non-Resident Indians (hereinafter, ‘the scheme’) living abroad to build residential house in Delhi. The scheme was launched by the Ministry of Works and Housing, L&DO. As per the prospectus and the application form the objective of the scheme was as under :

“Objectives

This scheme is intended to facilitate Non-Resident Indians living abroad to build residential houses in India and thus to satisfy their natural urge to own property in their own country and to settle down therein whenever they wish to do so. As it is difficult for such persons living abroad to acquire properties through Government auctions or private dealers, it has been decided to frame a scheme which will facilitate this.

This scheme will, for the present, be introduced in Delhi on an experimental basis.”

3. All NRIs living abroad, who did not own residential plots/houses or flats, either in their own name or in the name of their immediate family, were entitled to apply for allotment of a house plot under this scheme. The land was located on Badarpur-Mehrauli Road, New Delhi and was under the control of the L&DO. The payment of consideration was to be made in foreign exchange. Only the ground rent and the share of the Government in unearned increase in the value of land on its transfer was payable in Indian rupees. The entire price of the land and cost of construction was payable in foreign currency. The total approximate cost of construction was estimated to Rs.2,43,000/- on a 400 Sq. Yards plot. Permissible cover area was stipulated as 4050 Sq. Feet. Reserve price was Rs.200 per Sq. Feet and the entire price of the plot was payable in lump sum within a period of three months from the date of allotment. Upon allotment, in addition to the cost of the plot, the applicant was also required to remit the entire cost of construction in foreign exchange. The allotment of the plot was to be on leasehold basis for which interest @ 2½ % per annum was payable as annual ground rent. The terms of the lease were also contained in the application form. Two important clauses of the scheme are set out below:

“(IX) Earnest Money

The applicant interested in having a plot of land in New Delhi will attach a Demand Draft in the name of the Land and Development Officer for deposit under the head “483 - Capital Outlay and Housing”, as earnest money in foreign currency of an amount equivalent to Rs.10,000 for a plot of 400 sq. yds. (334.452 sq. metres). The earnest money deposit will not carry any interest and shall be forfeited in case the applicant does not accept the allotment of land, if offered to him/her, and/or he/she does not comply with the terms and conditions of allotment within the stipulated period.

(X) Allotment by Draw of Lots

In case the number of applicants exceeds the number of plots available for allotment, the allotment of plots will be made by draw of lots.”

4. The approved agreement for lease was attached with the prospectus and application form. The same was to be signed and sent back along with the application money to the L&DO. The said document is titled “AGREEMENT FOR LEASE” and is a complete lease document, which merely requires the mentioning of the names, plot numbers and signatures on behalf of the Government. The map containing the proposed site was also attached to the scheme. The Plaintiffs/Applicants (hereinafter, ‘Applicants’) were to sign an application form. The application form was to be duly signed and filled