HOTEL EXCELSIOR LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Notwithstanding that sufficient cause justifying delay to be condoned in seeking review of the order dated 29.8.2005 has not been shown, learned counsel for the petitioner states that since the issue decided by this Court is of importance delay may be condoned and review petition decided on merits. Accordingly CM.No.15170/05 is allowed. Delay in filing the review petition is condoned.

(2.) Vide order dated 29.8.2005, writ petition was disposed of holding that counsel for the petitioner could not point out any exception carved out in the conversion policy excluding hotels which was dis-invested from the scheme of conversion notified by the Government. Contention of respondents that Ministry of Finance had issued some clarificatory directives was noted and it was held that an exception to a policy cannot be carved out by way of clarification or directives. It was held that petitioner was entitled for consideration under the conversion policy.

(3.) It is settled law that a notified policy can be amended, abrogated or clarified only be means of an amending, abrogating or clarifying policy, duly notified to the public.