Supreme Court Rules in Favor of DDA in Land Allotment Dispute with Education Society

The Supreme Court of India recently adjudicated a significant land allotment dispute between the Delhi Development Authority (DDA) and the Hello Home Education Society. The case revolved around the society’s attempt to secure land in Vasant Kunj despite its original approval being for Jasola. The Court ruled in favor of the DDA, setting aside previous High Court judgments that had favored the society.

Background of the Case

The Hello Home Education Society sought land for establishing a Junior High School in Jasola, Delhi. As per regulations, the society obtained an Essentiality Certificate and a Sponsorship Letter for the Jasola area. However, in its application, it listed Jasola, Sarita Vihar, and Vasant Kunj as preferred locations.

In 2004, the Institutional Allotment Committee mistakenly recommended land in Vasant Kunj, which was outside the society’s approved jurisdiction. The Lieutenant Governor granted in-principle approval, but before the allotment could be finalized, complaints arose regarding procedural irregularities. This led to a review of the allotment process.

Policy Change and Its Impact

Before the dispute was resolved, the DDA implemented a new policy in December 2003, mandating that educational land allotments be conducted through public auction rather than direct allotment. Consequently, in 2008, the DDA formally rejected the society’s allotment request and advised it to participate in public auctions.

Legal Proceedings

Displeased with the rejection, the society approached the Delhi High Court, filing a writ petition in 2014—11 years after the in-principle approval. The Single Judge ruled in favor of the society, directing the DDA to proceed with the allotment. The Division Bench upheld this ruling in 2021. The DDA subsequently challenged the decision before the Supreme Court.

Petitioner’s Arguments

The DDA contended that:

The society had no vested right to the land as no formal allotment was made.
The original approvals were specific to Jasola, and no sponsorship was granted for Vasant Kunj.
The new policy mandating auctions applied to pending cases, including this one.
The 11-year delay in filing the writ petition indicated a lack of due diligence.

Respondent’s Arguments

The Hello Home Education Society argued that:

The Lieutenant Governor’s in-principle approval constituted a final decision.
The new policy could not be applied retrospectively to an already approved allotment.
Other educational societies had received land allotments despite the policy change.

Supreme Court’s Judgment

The Supreme Court overturned the High Court’s ruling, stating:

“Internal notings and approvals do not confer a legal right until a final allotment order is issued.”
The allotment recommendation for Vasant Kunj was based on a mistake, and the society lacked necessary approvals for that area.
The policy change in 2003 applied to all pending allotments, requiring them to go through auction.
The society’s delay in filing a legal challenge undermined its claim.

Accordingly, the Court set aside the High Court’s order and upheld the DDA’s decision to reject the allotment.

This ruling underscores the importance of adhering to regulatory approvals and policy changes while also reinforcing that government land allotments must follow transparent processes, such as auctions, rather than discretionary allotments.

Petitioner Name: Delhi Development Authority.
Respondent Name: Hello Home Education Society.
Judgment By: Justice Vikram Nath, Justice Rajesh Bindal.
Place Of Incident: Delhi.
Judgment Date: 11-01-2024.

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