AIR 2009 SUPREME COURT 904 ::2008 AIR SCW 8229 ::2009 (1) SCC 180 ::(2008) 13 Scale 783 ::2009 (2) MadLW 222

Supreme Court Of India

(From : Delhi) *

Hon'ble Judge(s): C. K. Thakker, D. K. Jain , JJ

(A) Delhi Development Authority Act (61 of 1957) , S.21— Allotment of land/plot - Appellants seeking re-sitement of their petrol pumps - Proposals for same were also made by their Govt. agencies - Recommendation/approval made on that basis by Technical Committee of DDA - However, no official communication was addressed to or received by applicants, accepting their claim - Thus mere favourable recommendations at some level of decision-making process, would be of no consequence and shall not bind DDA, Administrative Law - Mere recommendation at some level of decision-making - Not binding in absence of final order. (Para 15 17) (B) Constitution of India , Art.14— Legitimate expectation - Claim by appellants for re-sitement of their petrol pumps - Policy existing at time of claim did not cast any obligation upon Development Authority, DDA to re-locate petrol pumps - Said Policy merely laid down criterion for re-location and not a mandate that under given circumstances DDA was obliged to provide land for said purpose - Cases of appellants were duly considered, favourable recommendations were also made - But by time the final decision-making authority considered the matter, policy underwent change - Rejection of claim as new criteria for allotment, was not satisfied - New po....