BHAGWAN MAHAVIR EDUCATION SOCIETY REGD Vs. DDA

JUDGEMENT

(1.) THE claim of the petitioners for entitlement to land at pre-determined rates under the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 {'the said Rules' for short} for running of higher and technical education institutes, schools and hospitals has given rise to this batch of writ petitions.

(2.) THE common grievance of the petitioners is that their cases for allotment of Nazul land at pre-determined rates was at an advanced stage after due clearances but on the eve of the proposed allotment, the policy was changed, and all land is now being disposed of only by way of public auction. THE nature of activities set out above are stated to entitle the petitioners to land at cheaper rates i.e. pre-determined rates rather than through auction mode.

(3.) SECTION 56 of the DDA Act empowers the Central Government to make rules after consultation with the authority to carry out the purposes of the DDA Act. In terms of SECTION 56(2) of the DDA Act without prejudice to the generality of power, such rules may provide for any of the matters specified therein. Clause (j) of SECTION 56(2) of the DDA Act refers to the manner in which the Nazul land shall be dealt with after development. It is in pursuance to the exercise of such power to make rules r/w SECTION 22(3) of the DDA Act, that the said Rules came to be enacted. Chapter II of the said Rules deals with the disposal of Nazul land. The purposes for which the Nazul land can be allotted is set out in Rule 3 of the said Rules, which reads as under: