Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd., (2007) 8 SCC 705 : (2007) 8 Scale 110, cited
L. Town Planning — Delhi Development Act, 1957 (61 of 1957) — Ss. 3, 5-A and 52 — In the absence of any provision in the Act or the 1968 DDA Regulations power of framing new housing schemes, held, does not vest in Chairman or Vice-Chairman of DDA — DDA did not have the power, merely by issuing executive orders/taking a policy decision, to make unilateral alterations to an existing housing scheme and impose additional charges on allottees not contemplated by the original offer documents or allotment letter, and that too with retrospective effect — DDA having itself adopted a formula for computing the disposal cost, the same was binding upon the delegatees — Regns. 5 and 6 do not authorise the delegatee to apply a formula which was not contemplated by the Authority itself — Administrative Law — Administrative action — Administrative or executive function — Exercise of power/discretionary power — Application of executive decision with retrospective effect, without Act or Regulations making provision therefor — Impermissibility — Delhi Development Authority (Management and Disposal of Housing Estates) Regulations, 1968 — Regns. 5 and 6 — Scope of power under
(Paras 52, 63, 67, 70 and 76 to 78)
M. Administrative Law — Judicial review — Policy matters — Permissibility, scope and grounds of judicial review — Principles reiterated — Constitution of India — Arts. 14, 32, 136 and 226
(Paras 64 and 65)
N. Administrative Law — Delegation of power — Limits on exercise of delegated power — Necessity of keeping constitutional provisions in mind
(Paras 52, 63, 70 and 76 to 78)
Vice-Chancellor, M.D University v. Jahan Singh, (2007) 5 SCC 77 : (2007) 2 SCC (L&S) 118 : (2007) 4 Scale 226; Ashok Lanka v. Rishi Dixit, (2005) 5 SCC 598, relied on
O. Town Planning — Restoration of automatic cancellation for delayed/non-payment of instalments — Time-frame for making application for — Determination of reasonable period for — Condonation of delay — Powers of Development Authority — Factors to be considered
(Paras 48 to 51)
D-D/A/37140.C