Case Note & Summary
The dispute arose from the acquisition of land belonging to the appellants for the planned development of Delhi, with the acquisition date being 27.7.1984. The appellants applied for allotment of developed plots under a government scheme formulated on 2.5.1961. They were allotted plots measuring 120 sq. mtr. instead of the 250 sq. yds. they sought, leading to their challenge in the Delhi High Court. The High Court dismissed their petitions, stating that the appellants had no vested right to the larger plots and that the allotment of smaller plots was justified due to their availability. The appellants contended that the DDA's actions were discriminatory, as others received larger plots. The DDA clarified that the allotment was based on a lottery system due to a higher number of applicants than available plots. The Supreme Court upheld the High Court's decision, emphasizing that the allotment process was fair and based on the availability of plots, and that the appellants could not claim larger plots simply because they were allotted smaller ones. The court dismissed the appeal but granted the appellants two months to comply with the DDA's requirements for the allotment. The DDA was directed to deliver the plots as per the allotment letters within two months thereafter.
Headnote
A) Land Acquisition - Allotment of Plots - Vested Rights - Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981, Rule 6 - Appellants claimed entitlement to plots of 250 sq. yds. but were allotted smaller plots due to non-availability. Court held that there was no vested right to a specific plot size and the allotment was based on availability, dismissing the appeal (Paras 5-6).
Issue of Consideration
Whether the appellants had a vested right to claim plots of a specific size and whether the allotment process was discriminatory.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the appellants had no vested right to specific plot sizes and that the allotment was based on availability. The court granted two months for compliance with DDA's requirements and directed the DDA to deliver the plots as per the allotment letters within two months thereafter.
Law Points
- Discrimination in allotment
- Vested rights in land allotment
- Allotment procedures under DDA rules
