LAWS(DLH)-2005-9-56

MOUNT ABU EDUCATION SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

Decided On September 07, 2005
MOUNT ABU EDUCATION SOCIETY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this batch of appeals under Clause X of the Letters Patent, the Appellants are aggrieved by the judgement and order dated 6th May 2003 passed by a learned Single Judge in a batch of writ petitions.

(2.) The facts of the case are few and undisputed. The Appellants are societies that had applied to the Delhi Development Authority for allotment of 4 acres of land for running a senior secondary school in terms of the Delhi Master Plan. The case of the Appellants was recommended by the Institutional Allotment Committee for allotment of 4 acres of land but they were in fact allotted only 2 acres and at a rate which, according to the Appellants, is unreasonably high. The grievance of the Appellants before the learned Single Judge and before us also relates to two issues: firstly, the decision of the Delhi Development Authority (for short DDA) to allot approximately 2 acres of land to the Appellants is contrary to the Delhi Master Plan as against their claim for allotment of 4 acres of land and secondly the manner in which the land rates were fixed by the Central Government which, it is said, is contrary to the relevant rules.

(3.) As regards the first contention, according to the Appellants, the Master Plan for Delhi came into force on 1st August 1990 and was valid for a period of 10 years. The Master Plan provides for facilities relating to senior secondary schools under the head of INFRASTRUCTURE - SOCIAL. This reads as follows:-