DELHI ADMINISTRATION THROUGH ITS SECRETARY versus UMRAO SINGH

Citation: [2011] 11 S.C.R. 838 · Decided: 11-10-2011 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
B 
[2011] 11 S.C.R. 838 
DELHI ADMINISTRATION THROUGH ITS SECRETARY 
v. 
UMRAO SINGH 
(Civil Appeal No. 8526 of 2011) 
OCTOBER 11, 2011 
[R. V. RAVEENDRAN AND A.K. PATNAIK, JJ.] 
Delhi Development Authority (Disposal of Developed 
Nazul Land) Rules, 1981 - rr. 4, 6 - Government of India 
C 1 considered the recommendations of the Committee set up to 
study the measures for controlling land values and stabilizing 
land prices in the urban areas of Dell7i and framed 1961 
scheme for acquisition, development and disposal of land -
By office order dated 3.4.1986 issued by Delhi 
D Administration, 1961 Scheme was amended - Whether 1961 
scheme could have been amended by administrative order 
. dated 3.4.1986- Held: Sub-rule (1) of r.4 of Rules stated that 
the Authority may, in conformity with the plans, and subject 
to the other provisions of the rules, allot Nazul land to 
E individuals and other categories of persons - Sub-rule (2) of 
r.4 further provided that the Authority shall in conformity with 
plans and subject to the Rules dispose the Nazul Land by 
auction to the categories of institutions named in clauses (a) 
to (g) in sub-rule 2 of r. 4 - There is nothing in r. 4 to indicate 
F that the 1961 Scheme has been incorporated in r.4 - r.6(1) 
of the Rules only provided that if the Authority decides to allot 
Nazul land to the individuals eligible under the 1961 Scheme, 
then Nazul land shall be allotted at pre-determined rates and 
not at the rates determined in a public auction - High Court 
took an erroneous view in the impugned order that r. 6 of the 
G Rules, which was a statutory rule, laid down conditions for 
allotment of land under the 1961 Scheme and the conditions 
for allotment of land under the 1961 Scheme could therefore 
be amended by only statutory rules uls.56 read with s.22 of 
H 
838 
DELHI ADMINISTRATION THROUGH ITS SECRETARY 839 
v. UMRAO SINGH 
the Act - r. 6 of the Rules did not stipulate the conditions for 
A 
allotment under the 1961 Scheme and the 1961 Scheme 
· being an administrative scheme could be amended without 
a statutory rule -Delhi Development Act, 1957 - ss.22, 56. 
Ramanand v. Union of India and Ors. AIR (1994) Delhi 
29 - approved. 
Case Law Reference: 
AIR (1994) Delhi 29 
approved 
Para 6 
B 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
C 
8526 of 2011. 
From the Judgment & Order dated 15.12.2008 of the High 
Court of Delhi at New Delhi in Civil WP No. 2147 of 1992. 
WITH 
Civil Appeal No. 8527 of 2011. 
Parag P. Tripathi, ASG, Rachana Srivastava for the 
D 
Appellant. 
E 
Bharat Jain, N.S. Vashisht and lrshad Ahmad for the 
Respondent. 
The order of the Court was delivered by 
ORDER 
A. K. PATNAIK,.J. 1. Leave granted. 
F 
2. These are appeals against the common judgment and 
order dated 15:12.2008 of the Division Bench of the High Court 
G 
of Delhi in Civil Writ Petition Nos.2147 of 1992 and 2148 of 
1992 (for short the 'impugned order'). 
3. The facts very briefly are that in the year 1959, the 
Government of India, Ministry of Home Affairs, set up a 
H 
840 
SUPREME COURT REPORTS 
[2011] 11 S.C.R. 
P. 
Committee to study the problems of introducing measures of 
control on land values and stabilizing land prices in the urban 
areas of Delhi and this Committee submitted its report 
recommending some measures. The Government of India 
considered the recommendations and conveyed its decision 
B to the Chief Commissioner, Delhi, by its letter dated 
02.05.1961 regarding acquisition, development and disposal 
of land {hereinafter called 'the 1961 Scheme').The 1961 
Scheme inter alia contemplated that land may be allotted at 
pre-determined rates, namely, at the cost of acquisition and 
c development plus the additional charges mentioned in the 
Scheme, to individuals whose land has been acquired as a 
. result of the Chief Commissioner's notifications dated 
17.07.1959, 03.09.1957, 13.11.1959 and 10.11.1960 or other 
such notifications with a view to rehabilitate such individuals. 
0 Pursuant to the 1961 Scheme, land-owners, whose land was 
acquired, applied for allotment of alternative plots pursuant to 
advertisements inviting applications and after the necessary 
requirements as stipulated in the 1961 Scheme were complied 
with, plots were allotted to the persons wl)o were the recorded 
owners prior to the issue of notification under Section 4 of the 
E Land Acquisition Act. 
4. By an Officer Order dated 03.04.1986 issued by the 
Delhi Administration, Delhi, Land an

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