Holding

The Supreme Court held that the High Court did not err; the DDA’s policy decision to allot only two acres was justified and the alleged discrimination claim was vague, leading to dismissal of the appeal.

Summary

The Mount Carmel School Society applied to the Delhi Development Authority (DDA) for four acres of land to run a senior secondary school, and the Institutional Allotment Committee recommended the full allotment. The DDA, however, made a policy decision to allot only two acres. The Society filed writ petitions alleging discrimination, claiming that another society (Shri Venkateshwara Educational Society) had been allotted four acres. The Delhi High Court dismissed the petitions, and the Society appealed to the Supreme Court. The Supreme Court held that no evidence showed any four‑acre allotments after October 1999, that the discrimination claim was vague and unsupported, and that the High Court’s decision was correct. Consequently, the appeal was dismissed with costs.

Issues considered

Whether the Delhi Development Authority could, under the Delhi Master Plan, deviate from the standard four‑acre allotment for a senior secondary school and allot only two acres.
Whether the appellant was discriminated against in violation of the equality principle under the Constitution.
Whether the Delhi High Court erred in dismissing the writ petitions.

Legislation cited

Constitution of Indias. Article 226
Societies Registration Act, 1860

Subjects

land allotmentDelhi Development Authoritydiscriminationequalityadministrative lawpolicy decisionwrit petitionsenior secondary schoolDelhi Master Plan

Judgment

-
A MOUNT CARMEL SCHOOL SOCIETY
V.
D.D.A.

DECEMBER 14, 2007
B
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.]

Urban Development-Allotment of land-Application filed by " ..
Appellant society before Delhi Development Authority (DDA) for
c allotment offour acres oflandfor running a Senior Secondary school
-Policy decision taken by DDA to allot only two acres ofland-Writ
petition against the policy decision-Dismissed by Single Judge-
Justification-Held, justified-After the policy decision in case of
Appellant, DDA not shown to have allotted four acres of/and to any
D other similarly situated institution-Plea of discrimination raised in
the writ petition absolutely vague-Constitution of India, 1950-
Art.226.
Appellant-society filed application before the Delhi
Development Authority (DDA) for allotment of four acres ofland
E for running a Senior Secondary School. DDA took the policy decision
of allotting only two acres of land even though the Institutional
Allotmenit Committee constituted by it had earlier recommended
allotment of four acres ofland. Writ petition filed againstthe policy
decision was dismissed by Single Judge of High Court. Writ appeal
F filed thereafter was also dismissed.

It was contended before this Court that while in case of one Shri
Vcnkatcshwara Educational Society four acres ofland was directed
to be allotted, Appellant was denied of a similar grant.
G Dismissing the appeal, the Court
,,,
HELD: 1.1. The policy decision of the Authority which was
impugned in the writ petition was taken in October 1999. It has not
been shown before this Court that any allotment has been made in
H 876
MOUNT CARMEL SCHOOL SOCIETY v. D.D.A. 877

favour ofany society allotting land having an area of four acres, after A
October 1999. [Para 11] [879-F]

1.2. Furthermore, the plea of discrimination raised in the writ
petition was absolutely vague. Grounds taken in the writ petition in
this behalf also did not specify that the appellant had been B
discriminated against, vis-a-vis the said Shri Venkateshwara
Education Society or any other allottee. Details of the grantin favour
of the said society was not furnished. In absence of any specific
contention having been raised, it was not possible for the respondent
to furnish any reply thereto. [Para 13] [879-G; 880-A-B]
c
1.3. No argument also appears to have been advanced in this
behalf before the Single Judge of High Court. The memo of writ
appeal of the appellant was not supported by any affidavit affirmed
either by one of its authorized representatives who was present in
court or by the advocate appearing on its behalf, stating that the D
contention in regard to the discriminatory treatment was raised
before the Single Judge of High Court but was not dealt
with. [Para 14] [880-C-D]

1.4. A Judge's record must be accepted as correct. Appellant,
thus, could have filed an application for review before the Single E
Judge of High Court. The same was not done. Therefore, the High
Court cannot be said to have committed any error in passing the
impugned judgment. [Paras 15 and 16] [880-D-E]

r CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5944 of F
2007.
From the final Judgment and Order dated 07.09.2005 of the High
Court of Delhi at New Delhi in LPA No. 404 of2003.
K.K. Rai, Krishnanand Pandeya, Bankey Bihari, Ashwani K. G
Sakhija and S.K. Pandey for the Appellant.
....
V.B. Saharya (for M/s. Saharya & Co.) for the Respondent.
The Judgment of the Court was delivered by
H
878 SUPREME COURT REPORTS [2007] 13 (Addi.) S.C.R.

A S.B. SINHA, J. 1. Leave granted. '
2. This appeal is directed against a judgment and order of a Division ·-
Bench of Delhi High Court dated 7.9.2005 passed in LPA No.404 of
2003.
B 3. Appellant is a society registered under the Societies Registration
Act. It runs an educational institution. It applied for allotment of four acres
of land for running a senior secondary school before the Delhi
Development Authority. The Institutional Allotment Committee which was '
constituted by the Authority, made recommendations for allotment of four
c acres of land. Indisputably the competent authority of the DDA took a
policy decision only to allot two acres ofland.
4. Severa! writ petitions were filed which by reason of the impugned
judgment have been dismissed by a Division Bench of the Delhi High Court
Before embarking on the questions raised before us, we may place on
D record that except the present appeal, other appeals were heard and
dismissed by a Division Bench of this Court (Coram - Hon. B.P. Singh
and P.K. Balasubramanyam, JJ). The said order, however, is not a
reasoned one.

E 5. Mr. K.K. Rai, learned senior counsel appearing on behalf of
appellant, submitted that the factual scenario obtaining in the present appeal
is different from the others, inasmuch as recommendations of allotment
of four acres ofland were made both in its favour as also in favour of
one Shri Venkateshwara Educational Society; but whereas in the case of
F the latter society four acres of land was directed to be allotted; the 't
appellant was denied of a similar grant.
111e High Court, learned counsel argued, misdirected itself in passing
the impugned judgment in so far as it failed to take into consideration that
the said Shri Venkateshwara Educational Society was not a necessary
G party in the writ petition as no relief was claimed against it, inasmuch as
if the writ petition were to be allowed, the said society would not have 'f
suffered any prejudice.
6. Mr. V.B. Saharya, learned counsel appearing on behalf of the
H
respondent, on the other hand, supported the impugned judgment.
MOUNT CARMEL SCHOOL SOCIETY v. D.D.A. 879
[SINHA,J.]
"\
7. The question which arose for consideration before the High Court A
was as to whether the Delhi Master Plan having provided for allotment
of four acres of land for running of a secondary school, the Delhi
Development Authority could take a policy decision of allotment only of
two acres of land.
B
8. We have noticed hereinbefore that a large number of societies
applied for allotment of land for setting up senior secondary schools. A
recommendation had been made in favour of the appellant by the
Institutional Allotment Committee on or about 23 .10.1998. Indisputably,
similar recommendations had been made in favour of other societies as
well, including the said Shri Venkateshwara Educational Society. c
Recommendations of the Committee, however, do not appear to have
been approved by the authority. It furthermore appears that the appellant
was asked to send its latest bank balance certificate and/or financial status.
9. The Lt. Governor, who is Chairman of the Society, had also D
r asked for certain clarifications pertaining to constructions of the school
building. On or about 9.3.2000, a provisional allotment was made but,
allegedly, the appellant society failed to furnish an undertaking within the
. p~riod stipulated therefor.
10. Indisputably, the Vice Chairman of the Delhi Development E
Authority made recommendations for allotment of only two acres of land
in favour of the appellant. Shri Venkateshwara Educational Society,
however, was allotted a land measuring four acres of land way back on
25.8.1999.
F
11. The policy decision of the Authority which was impugned in the
writ petition was taken in October 1999. It has not been shown before
us that any allotment has been made in favour of any society allotting land
having an area of four acres, after October 1999.
12. We may furthermore notice that the plea of discrimination raised G
in the writ petition was absolutely vague as it was merely averred :
"The petitioner also wrote to Respondent No. I on 24.03.2000
requesting for allotment of 1.6 hectares of land at the prevailing
rate ofRs.30 lakhs per acre in 1996 when the application for land H
880 SUPREME COURT REPORTS [2007] 13 (Addi.) S.C.R.

r
A was made and other similarly situated institutions were allotted
land... "

13. Grounds taken in the writ petition in this behalf also did not
speci~y that the appellant had been discriminated against, vis-a-vis the
said Shri Venkateshwara Education Society or any other allottee. Details
B
of the grant in favour of the said society was not furnished. In absence of
any specific contention having been raised, it was not possible for the
respondent to furnish any reply thereto.
14. No argument also appears to have been advanced in this behalf
c before the learned Single Judge. The memo of appeal of the appellant
was not supported by any affidavit affirmed either by one of its authorized
representatives who was present in court or by the advocate appearing
on its behalf, stating that the contention in regard to the discriminatory
treatment was raised before the learned Single Judge but was not dealt
D with.
15. A Judge's record, as is well known, must be accepted as correct.
Appellant, thus, could have filed an application for review before the
learned Single Judge. The same was not done.

E 16. We are, therefore, of the opinion that the High Court cannot be
said to have committed any error in passing the impugned judgment.
17. A feeble attempt was made by Mr. Rai to contend that the
Central Government also was of the opinion that the area to be allotted
for senior secondary school cannot be reduced. The High Court, in this
F regard held :

"Equally importantly, the learned Single Judge has noted that tl1e
official records of the Central Government dealing with the
communications of DDA were produced before him. The nothings
G in the tilt:, which were apparently perused by the learned Single
Judge, show that the recommendations ofDDA were considered ,.,
by the Central Government and thereafter finally approved for
implementation. In view of this factual position, we are quite
satisfied that the land rates were determined by the Central
H
Government and were not fixed by DDA. There was no excessive
MOUNTCARMELSCHOOLSOCIETYv. D.D.A. 881
[SINHA,J.]
delegation of power or responsibility on the part of the Central A
Government and so this contention must be rejected."
In view of the said findings of the High Court which, as noticed
... hereinbefore, have been accepted by this Court, we are not inclined to
take a different view therefrom.
B
18. For the reasons aforementioned, there is no merit in this appeal.
+ It is dismissed accordingly with costs. Counsel's fee assessed at
Rs.25,000/- (Rupees twenty five thousand only).
B.B.B. Appeal dismissed. C