Delhi Development Authority vs Hello Home Education Society

Held: In-principle approval by the Lieutenant Governor for allotment of land in Vasant Kunj having been granted in 2003, there was no justification for the Society to file a writ petition in the year 2014 on the basis thereof – Essentiality Certificate and Sponsorship Letter were with respect to setting up an educational institution in Jasola Area – Said certificates and the requirements were area specific – Appellant could not be compelled to make an allotment where the essential and mandatory conditions were not fulfilled – Policy decision of 2003 and the 1981 Rules amended in 2006 clearly mentioned that allotment of land would be made through auction and also included those cases where allotment was yet to be made – Before the date of change in policy, there was no allotment of land in favour of the respondent – There was no challenge either to the policy decision or to the 1981 Rules – Merely seeking a Writ on the strength of the in-principle approval given by the Lieutenant Governor would not be maintainable in view of the change situation arisen much earlier to the filing of the writ petition – Furthermore, mere notings and in-principle approvals do not confer a vested right – Also, any allotment made contrary to the existing policy and rules, would not form basis of benefit being extended to another society as under law negative parity is not recognised or approved – Single Judge and Division Bench of the High Court erred while granting relief to the Society, thus, the impugned orders set aside – Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981. [Paras 18.118.4, 18.7, 18.9, 18.10, 19] Delay/Laches – Inordinate delay in approaching the Court – Effect:

Held: Litigant who is not diligent cannot invoke the extraordinary jurisdiction of the High Court u/Art. 226 – On facts, in-principle approval having been granted on 24.03.2003, there was no justification for the Society to wait for 11 years to file a writ petition in the year 2014 on the basis of the said in-principle approval of the Lieutenant Governor – Society ought to have exercised due diligence and should have claimed its rights within a reasonable time from the date of said in- principle approval if the same was not being implemented and the allotment letter was not being issued – There is no justifiable or satisfactory explanation for the said period of inordinate delay of 11 years – Constitution of India – Art. 226. [Para 18.1]

Administrative Law – Policy decisions – Internal notings, if would confer any right or not:

Held: Until and unless the decision taken on file is converted into a final order to be communicated and duly served on the concerned party, no right accrues to the said party – Mere notings and inprinciple approvals do not confer a vested right. [Para 18.7]