R N GUPTA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner association is a registered society which applied to respondent DDA in October 1998 for allotment of land for Aditya College of Pharmacy and Science. The North Western Regional Committee of All India Council for Technical Education (AICTE) addressed a letter dated 18.11.1998 to the DDA with a copy marked to the petitioner granting permission to the society to start a new institute. A confirmation was sought that the land for the construction of the institute had been allotted to the society which should be of minimum area of 1 acre. This letter is stated to have been issued in response to a letter of society dated 9.9.1998 stating that the land for construction of the institute shall be made available in case the institute gets a sponsorship certificate from AICTE. The college was proposed to be started from 1999 session and since no allotment of land had taken place, a representation was made on 5.3.1999 to the Minister of Urban Development in this behalf. It appears that in view of the said representation a query was made to the respondent in response whereto the Director (Land) of the respondent informed the Ministry that the request of the society was under consideration and that a plot measuring 850 square meters at Vasant Kunj had been proposed for alotment which was to be placed before the Expert Comuittee in its next meeting. The matter was placed before the Institutional Allotment Committee on 6.4.1999 and the Committee recommended the said allotment of land to the petitioner society subject to the consent of the society and the legal position of the plot.

(2.) The petitioner did not still hear from the respondent about the allotment and send a reminder dated 9.3.2000 and thereafter filed the present writ petition seeking a writ of mandamus to allot the institutional plot No.2, Pocket II, Sector B, Vasant Kunj, New Delhi measuring 850 square meters a recommended by the Institutional Allotment Committee.

(3.) In the counter affidavit filed by the responden it is stated that the petitioner had failed to complet the basic formalities as required for allotment of land inasmuch as the requisite sponsorship letter from the Department of Delhi Administration or Ministry of Central Government had not been submitted. This was stated so on the basis of rule 20(e) of Delhi Development Authority (Disposal of Developed Nazu Land) Rules 1981, which is as under : 20. Allotment to certain pub ic institutions. -(1) No allotment of Nazul land to public institution referred to in rule 5 sha. 1 be made unless (e) allotment to such institution is sponsored or recommended by a Department of the Delhi Administration or a Ministry of he Central Government."