The doctrine of legitimate expectation cannot sustain against policy changes affecting public interest, and no enforceable right arose from expired sponsorship for nursery school land allocation.

JUDGMENT

1. The Appellants herein seek to challenge the Orders dated 10.10.2019, passed by the learned Single Judge in W.P. (C) 7532/2013, dismissing the Writ Petition which was filed by the Appellants herein seeking quashing of the letter dated 08.10.2013, issued by the DDA, rejecting the request of the Appellants herein for regularization of nursery school site/land at Shrestha Vihar Delhi (hereinafter referred to as `the area in question') & 16.09.2022, passed by the learned Single Judge rejecting the Review Petition, being Review Petition No.140/2022, which was filed by the Appellants herein seeking review of the Order dated 10.10.2019.

2. Shorn of details, the facts of the case are as under:

a) Appellant No.1 is running a number of schools and colleges in different parts of the country. It is stated that the residents of Respondent No.3 herein, i.e. Shreshta Cooperative House Building Society Ltd., requested the Appellant No.1 herein to start a school in the area. Accordingly, a resolution was passed by the Managing Committee of the Respondent No.3/Society that they have no objection if DDA allots two school sites to the Appellant No.1 herein to start the schools. It is stated that a nursery school was proposed to be established in the area. It is stated that the Government of National Capital Territory of Delhi (hereinafter referred to as `the GNCTD') wrote a letter dated 16.02.1996 under Rule 44 of the Delhi School Education Rules, 1973 (hereinafter referred to as `the DSER') to the Appellant No'1 herein accepting its request for establishing a new nursery school in the area in question. However, the acceptance was only for a period of three years. A perusal of the said letter shows that the Government has clearly mentioned that the acceptance to establish new school by the Appellant No.1 herein will automatically lapse if the Appellant No.1 herein fails to obtain recognition from the appropriate authority after fulfilling the condition of recognition as laid down in Rules 50 & 51 of the DSER.

b) It is stated that DDA wrote a letter to the Appellant No.1 herein requesting it to submit sponsorship for the nursery school so that further action can be taken. It is stated that on 19.09.2000, GNCTD wrote a letter to the DDA stating that the Land Allotment Committee as constituted by the Lt. Governor has considered recommending allotment of land to the Appellant No.1 herein for establishment of nursery school in the area in question on certain conditions. A perusal of the said letter shows that the sponsorship given by the DDA was valid till 31.03.2001.

c) Material on record further shows that on 09.11.2001 once again a letter was written by the DDA requesting the Appellant No.1 herein to submit a sponsorship in favour of regularization of the Nursery School site. In reply of the said letter, a letter dated 19.09.2005 was written by the Appellant No.2 herein stating that the sponsorship letter had been sent on 23.11.2001. Material on record indicates that despite various communications the requisite letter for regularization of the nursery school was not received by the DDA and on 08.10.2013 a letter was sent by the DDA to the Appellant No.2 herein stating that the application for regularization of the nursery school cannot be accepted by the DDA as the mode of allotment of land to schools has been changed to auction mode as per Gazette Notification of the Government of India dated 19.04.2006 and, therefore, the allotment of nursery school has been discontinued.

d) A show-cause notice was issued by the DDA to the Appellants herein on 12.11.2013 seeking response as to why action should not be taken against them for encroaching upon the DDA land without their permission.

e) A Writ Petition, being W.P.(C) 7532/2013, was filed by the Appellants herein seeking quashing of the letter dated 08.10.2013, sent by the DDA rejecting the request of regularization of the Nursery School as the mode of allotment of land to schools has be