Internal notations and in-principle approvals lack the power to confer vested rights, and a non-diligent litigant cannot invoke the High Court’s extraordinary writ jurisdiction: Supreme Court
Case Title: Delhi Development Authority v. Hello Home Education Society
Case No: Civil Appeal No. 3659-3660 of 2023
Decided on: 11th January, 2024
CORAM: THE HON’BLE MR. JUSTICE VIKRAM NATH AND HON’BLE MR. JUSTICE RAJESH BINDAL
Facts of the Case
The Hello Home Educational Society intended to establish a Junior High School in Jasola, New Delhi, backed by an Essentiality Certificate and Sponsorship Letter. However, due to an error, a recommendation incorrectly favored land allotment in Vasant Kunj. A complaint prompted a CBI inquiry, and despite receiving in-principle approval, no allotment took place. The DDA, invoking a policy change, insisted on auctioning educational plots.
The Single Judge, in response to the Society’s appeal, directed allotment, but the Division Bench upheld the policy change as non-retrospective. The Review Petition clarified certain aspects but maintained the essence of the main order. Appeals challenging these decisions, along with an interim stay, were filed, and as of now, no allotment has been granted.
The DDA filed appeals challenging the High Court’s judgment, which favored the Society as per the Single Judge’s decision. The challenge also extended to a Review Petition, where the main order was clarified regarding the substitution of ‘Jasola’ with ‘Vasant Kunj.’
Issue
The key issue in this case revolves around the erroneous recommendation for land allotment in Vasant Kunj instead of Jasola for the Hello Home Educational Society’s Junior High School, leading to legal disputes and challenges.
Court’s analysis and decision
The Supreme Court has reiterated that simply having internal notations in a departmental file and in-principle approvals do not grant a vested right. In an appeal filed by the Delhi Development Authority (DDA), the Court upheld the denial of land allotment to a society aiming to establish a school in Vasant Kunj.
The Court underscored the necessity for the State to transfer land through public auction or tender invitation, as per the 2006 amendment to the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 (Act).
Highlighting that the society was ineligible under the original rules due to the absence of a required sponsorship letter, the Bench, consisting of Justice Vikram Nath and Justice Rajesh Bindal, remarked that “unless the decision recorded in the file is transformed into a final order for communication and proper service to the concerned party, no rights are vested in that party. Mere notations and in-principle approvals do not bestow a vested right.
Ultimately, the Court allowed the appeals, set aside the impugned orders, and dismissed the writ petition, concluding that the relief granted to the society was in serious error.
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Written by- Afshan Ahmad