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Govt. Of Nct Of Delhi vs Bharti Vidyapeeth & Ors. on 13 July, 2012 cites

Social Jurist, A Lawyers Group vs Government Of Nct Of Delhi And Ors. on 22 March, 2007

12. Though the learned Single Judge as aforesaid, has dedicated considerable length of the judgment to the power of GNCTD to withhold disaffiliation of the respondents No. 3 and 4 Colleges from GGSIPU once the notification under Sec. 3 of the UGC Act had been issued but in our view that is not the issue here. The real issue at controversy is the entitlement of the GNCTD to keep an institution which has been granted land on concessional rates by the DDA on recommendation of GNCTD LPAs 121,122&123 of 2009 Page 13 of 19 under its control and provisions. As will be noticed, the learned Single Judge also has granted liberty to GNCTD to take whatsoever steps it may be entitled to in this regard. However, inspite of having held so, learned Single Judge has further held that since the condition imposed and the undertaking given at the time of sponsorship were not included in the terms and conditions of allotment by the DDA, the same no longer govern the allotment and which is now only on the terms and conditions contained in the allotment letter. We are, however, of the opinion that the latter part of the opinion aforesaid of the learned Single Judge cannot be upheld being in direct conflict with the earlier judgment of the Division Bench of this court in Social Jurists, A Lawyers Group vs. GNCTD 140 (2007) DLT 698. There also, a similar argument was raised that the terms and conditions imposed at the time of allotment and not included in the lease deed ultimately executed and thus did not bind the allottee/lessee was negatived. It was held that Sec. 21 of the Delhi Development Act regulates disposal of the land by DDA, subject to any directions given by the Central Government; Section 22 specifies the powers of the Central Government to place at the disposal of the DDA undeveloped lands in Delhi, vested in the Union of India and known as 'Nazul Land'. It was observed that DDA has a LPAs 121,122&123 of 2009 Page 14 of 19 right to dispose of land after development only in accordance with the conditions specified by the Central Government and these conditions would be applicable to such lands even if not specified in the letter of allotment or the lease deeds executed. It was further held that the allottees cannot pick up documents of lease in exclusion to preceding and subsequent documents which completes the rights, privileges and obligations between the parties. The allottees being hospitals in that case, were thus held liable to grant free admissions notwithstanding absence of such a condition in the lease deeds of the land executed in their favour. It was also observed that they cannot thrive at public costs and State expenses without fulfilling the minimum conditions imposed upon them to achieve greater social goal and look after the interest of the public at large. We find that the special leave petitions preferred against the judgment were dismissed.
Delhi High Court Cites 29 - Cited by 24 - S Kumar - Full Document
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