R K DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of C. W. Ps. 2372/81, 1704/82. 250/1983 and 2100/83, filed under Article 226 of the Constitution of India seeking appropriate writs, orders or directions. The petitions raise the question, mainly on the ground of promissory estoppel of the legality of the policy decision of the Government in dropping a scheme for allotment of land in Delhi to non-resident Indians living abroad to build residential houses in Delhi.

(2.) The objective of the scheme which was announced by the Government in early 1978, was to facilitate non-resident Indians living abroad to build residential houses in India and thus to satisfy their natural urge to own property in their own country and to settle down therein whenever they wished to do so. It was felt that it was difficult for such persons living abroad to acquire properties through Government auctions or private dealers and, therefore, it was decided to frame the scheme which would facilitate this. The scheme was introduced in Delhi on an experimental basis. A non-resident Indian living abroad who does not own a residential plot of land/ house/ flat either in his/her name or in the name of his/her family members as defined in Urban Land (Ceiling & Regulation) Act, 1976; i.e. wife/husband/unmarried children in Delhi/New Delhi, was eligible to apply for the allotment of a house plot under the scheme. Persons in the Indian Foreign Services were not entitled to get allotment under the scheme. The Land under the scheme is located at Badarpur, Mehrauli Road, New Delhi and is under the control of the Land & Development Officer, under the Ministry of Works & Housing, New Delhi.

(3.) The mode of payment of the price was also provided. The price of the plot (the premium) and the cost of construction on the plot was payable in foreign exchange to be converted into Indian rupees specifically for this purpose by its sale through the Reserve Bank of India or its authorised dealers. The annual ground rent and the share of the Government in the unearned increase in the value of the land on its transfer was payable in Indian rupees. If, however, the lease-hold rights of the lessee in the plot allotted were to be transferred or assigned to another nonresident Indian residing abroad, the share of the Government in the unearned increase in the value of the land on such transfer or assignment was payable in foreign exchange in the manner prescribed above. The entire price of the land and the cost of construction was payable in foreign currency. The plots were normally available in one size of 334.452 sq. metres (400 sq. yds. approximately). The total permissible covered area for a plot of 400 sq. yards is 4050 sq. ft. and, the approximate total cost of construction was given at Rs. 2,43.000.00 (estimated @ Rs. 60.00 per sq. ft). These rates were tentative and subject to variation depending on the rate prevailing at the time of construction, and the specifications adopted. It was permissible for the allottees to construct the house to any specifications that may be approved by the local body.