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2024 Supreme(Online)(DEL) 14916
HIGH COURT OF DELHI
Dharmesh Sharma, J
SHRI RASHTER KUMAR – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY AND ANR. – Respondent
W.P.(C)-10989/2017
Mr. N.S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachna Dalal, Ms. Sweta Kadyan and Mr. Karan Mann, Advs.; Ms. Manika Tripathy, Standing Counsel with Mr. Ashutosh Kaushik, Mr. Naveen K. Saraswat and Mr. Rony John, Advs.
A mere recommendation for allotment of land does not create a legal right to such allotment; the authority retains discretion based on policy and availability.
Headnote:(A) Constitution of India - Article 226 - Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 - Writ petition seeking allotment of alternative plot - Petitioner claimed entitlement to a 400 sq. yds. plot due to land acquisition - Respondent contended that no legal obligation exists for allotment based on recommendation letter - Court held that mere recommendations do not confer a legal right to allotment and dismissed the petition. (Paras 1-20)
(B) Legal Obligation - The court emphasized that the respondent/DDA is not legally bound to allot a specific plot as an alternative, as the allotment is subject to availability and administrative discretion. (Paras 10-20)
Facts of the case:
The petitioner sought an alternative plot after the acquisition of land belonging to his predecessor, which was recommended for allotment but not legally binding. The respondent stated that the desired plots in Dwarka are fully developed and command high prices. (Paras 2-6)
Findings of Court:
The court found that the petitioner has no vested right to the allotment of a specific plot, and the recommendation does not create a legal obligation for the DDA. (Paras 18-20)
Issues: The main issues were whether the petitioner has a legal right to the allotment of a specific plot and the nature of the recommendation letter. (Paras 1, 10)
Ratio Decidendi: The court ruled that recommendations do not create enforceable rights and that the DDA's discretion in allotment is governed by policy and availability. (Paras 18-20)
Result: Writ petition dismissed.
J U D G M E N T
1. The Petitioner invokes the extra-ordinary jurisdiction of this Court by instituting the present writ petition under Article 226 of the Constitution of India , by seeking the following relief:
“Issue an appropriate writ, order or direction thereby directing the Respondent to allot to the Petitioner an alternative plot of the size of 400 sq. yds., as recommended by the Land and Building Department vide Recommendation Letter dated 03.10.2017”
BRIEF FACTS:
2. The brief facts leading to the filing of the present petition are that the land belonging to the predecessor-in-interest of the petitioner, namely Shri Fakira, situated in Village Nangli Jalib, New Delhi, was acquired vide Award No. 1614 dated 30.03.1965 upon which acquisition, the predecessor-in-interest of the Petitioner became entitled to an alternative plot measuring 400 square yards, as alleged by the petitioner herein.
3. Accordingly, the predecessor-in-interest applied for allotment of the alternative plot, however he passed away while the said application was still pending disposal. It is the case of the petitioner that after a long and unexplained delay, the said application finally came to be decided vide a recommendation letter 03.10.2017 issued by the Land & Building Department to the Commissioner (Land) of the Respondent/ DDA for the allotment of a plot to the petitioner herein in lieu of his acquired land situated in Village Nangli Jalib.
4. The substance of the said recommendation letter upon which much mileage has been sought by the petitioner herein is reproduced hereinbelow:
“Sir, I am directed to request you to allot a plot measuring 400 sq. yds. (Four Hundred Sq. Yds.) to Sh. Rashtra Kumar S/o Shri Goverdhan Dass, of Village Nangli Jalib, Delhi in lieu of his/her/their acquired land bearing Kh. Nos. 1etc./75 (7-17), letc./83 (2-12), letc. (3-17), letc/87 (5-01), 1etc./143 (4-09), total (23-09), 1etc./110 (0-08), total (0-08), total measuring (23-09) & (0-08) Bighas in which applicant's share is full & 1/16th which is acquired vide Award No. 1614 dated 30.03.1963 of Village Nangli Jalib, Delhi, in South West, as he/she/they has/have been found entitled for the same.
Date of possession: 17.06.65 Locking period for transfer of Title shall be seven years from Date of allotment.
…Further correspondence in the matter may please be made with the above mentioned office. The allotment of alternative plot is subject to the availability of plot with D.D.A. However, it may clearly be noted that this letter does not carry with the legal commitment for the allotment of alternative plot.
In case, by virtue of allotment of this plot, the allottee come, to hold land in excess of the ceiling limit laid down under the provision of Urban Land Ceiling & Regulation) Act, 1976 the allottee will apply to the Competent Authority u/s. 15 of the Act.”
5. It is claimed by the petitioner herein that the respondent/ DDA has carved out Pockets 4 and 6 in Sector 26, Dwarka allegedly earmarked for the purpose of alternative allotments to the persons whose lands have been acquired, including the petitioner herein. However, the grievance of the petitioner is that there is no plot of the size 400 square yards in the abovesaid area, as evidenced by the site plan of Sector 26, Dwarka placed on record by the petitioner herein. It is urged by the petitioner that the respondent/ DDA is legally bound to provide an alternative allotment of the requisite size i.e. 400 square yards, to the petitioner herein. Hence, the present petition.
6. Upon the notice of the present writ proceeding, the Respondent/ DDA filed a status report pursuant to the directions of this Court, stating that as per the office records, the recommendation with regard to the petitioner herein is for a plot admeasuring 400 square yards located in Rohini Residential Scheme, however the petitioner is making a demand for an allotment in Sector 26, Dwarka. Further, it has been brought on record that consequent to the issua
