CITIZEN SOCIAL WELFARE SOCIETY Vs. UOI

JUDGEMENT

(1.) THE plea of petitioner- THE Vikas Puri Club Regd. is that absolute right had accrued in favour of petitioner for allotment of land at concessional rates for Community Centre in Vikaspuri, Delhi in pursuance to recommendations of 13th February and 17th February of 2003 (Annexure P-8) by respondent's Institutional Allotment Committee and the subsequent amendment carried out in the DDA (Disposal of Developed Nazul Land) Rules, 1981 (hereinafter referred to as the ,,Nazul Rules) cannot be given retrospective effect to deny allotment of an institutional plot at pre-determined rate.

(2.) PETITIONER- Citizen Social Welfare Society also asserts its right to allotment of institutional land situated between Block B-5 & B-6, Vasant Vihar, Delhi, as per Nazul Rules prevalent in the year 2002 and to quash Notification of 19th April, 2006 whereby the DDA's Nazul Rules of 1981 were amended to provide that allotment of institutional lands for Community Halls etc. would be made by way of auction and to set aside letter of 5th July, 2006 of respondent-DDA issued to petitioner to deny allotment of land for Community Hall by relying upon aforesaid Notification of the year 2006.

(3.) INSTITUTIONAL lands are allotted under the DDA's Nazul Rules of the year 1981 by following the guidelines provided in Rule 20 thereof. Since proposed allotment of institutional lands by respondent- DDA's INSTITUTIONAL Allotment Committee in the year 2003 became subject matter of controversy, respondent- DDA brought about change in its policy for allotment of institutional lands whereby mode of allotment of institutional lands was changed from allotment of such lands at pre- determined rates to allotment of such like lands to private societies by way of public auction and the said change in the mode of allotment is contained in respondent- DDA's policy decision (Annexure P-12) of the year 2003.