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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J
Delhi Brotherhood Society – Appellant
Versus
Government Of Nct Of Delhi – Respondent
W.P.(C) 1028/2025
| Table of Content |
|---|
| 1. summary of contractual history and requested relief. (Para 1 , 2) |
| 2. government's stance and status of operational facilities. (Para 3 , 4 , 5) |
| 3. limitations on judicial intervention in executive policy decisions. (Para 6) |
O R D E R
1. There appears to have been an agreement dated 27.07.2009 executed between the petitioner and the respondent for management of old age home, Lampur. The said agreement was extended from time to time. However, at present, it is not in dispute that the said agreement has come to an end and as of now, the petitioner is not operating or managing any old age home.
2. The petition, however, has been filed seeking the following reliefs:
“a) Pass a writ of mandamus thereby directing the respondent to restore the old age home, Lampur, and;
b) Pass a writ of mandamus thereby directing the respondent to initiate the process of inviting expression of interest for management of old age home, Lampur, and;
c) Pass a writ of mandamus thereby directing the respondent to pass a speaking order while awarding management of old age home, Lampur, and;
d) Pass a writ of certiorari thereby quashing the inspection reports dated 11.06.2019, 13.08.2019, 10.09.2020 passed by the respondent being illegal, null and void-ab-initio and as such, not binding upon the petitioner society, and;”
3. Learned counsel appearing for the Department of Social Welfare, GNCTD submits that there are various old age homes being run by the Department of Social Welfare and there are other old age homes which are run by other departments.
4. He has presented the list of 13 old age homes and submits that though, out of them some are not in operation; however, efforts are being made to start their operation. The aforesaid list is extracted below for reference:
| S. No. | Old Age Home | District | Status |
|---|---|---|---|
| 1 | Old Age Home, Wazirpur | North | Functional |
| 2 | Old Age Home, Bindapur | South West | Functional |
| 3 | Old Age Home, Kanti Nagar | East | Closed for the time being |
| 4 | Old Age Home, Tahirpur Leprosy Complex | North East | Functional |
| 5 | Old Age Home, Paschim Vihar | North-West-I | Functional |
| 6 | Old Age Home, Sarita Vihar | South | Under construction (Work will be completed soon) |
| 7 | Old Age Home, Rohini Sector-4 | North-West-I | Under process (Drawing has to be revised by PWD) |
| 8 | Old Age Home, Chittaranjan Park | South | Under process (Matter is sub judice in Delhi High Court) |
| 9 | Old Age Home, Chattarpur Delhi | South | Under process (DUAC rejected plan; alternative plot under consideration) |
| 10 | Old Age Home, Janakpuri, Delhi | West | Under process (Drawing has to be revised by PWD) |
| 11 | Old Age Home, Geeta Colony | East | Under process (Drawing has to be revised by PWD) |
| 12 | Old Age Home, Village Dera Mandi, Delhi | South | Under process (Matter is sub judice in Delhi High Court) |
| 13 | Old Age Home, Vasant Kunj | South-West | Under process (Drawing has to be revised by PWD) |
5. According the department, there is no necessity as of now felt by the Government to restore the old age home at Lampur.
6. The Court does not find any policy invoked which would necessitate restoration of the old age home at Lampur. It is up to the Government, depending upon various circumstances and the necessity of the old age homes as to whether the same is required to be set up. The Court cannot take up the exercise which essentially is to be undertaken by the Governmental authorities. Accordingly, no substance is found in the instant petition. The same is, therefore, dismissed.
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