TaxTMI 
TaxTMI 
2007 (12) TMI 551
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...., January, 1991, January, 1993. Appellants were not successful therein and, thus, were unable to get flats in locality of their choice. The Scheme was closed. However, with a view to give a chance to those who were not successful in the lots on the earlier occasions, a public notice was issued in some newspapers on 8.12.1993 for release of about 3000 flats which included some built and ready-built ones situated in Kondli-Gharoli. Registrants under the Scheme were entitled to apply therefore. In the public notice, it was categorically stated that the registrants of the said scheme who had not applied for an allotment in that release would not be eligible to apply again for allotment. It was further stated that in the case registrants of 5th SFS did not avail of this opportunity or if they surrendered allotment/ allocation after being successful, they shall be deemed to have opted out of the scheme and action shall be taken to refund their registration money. 3. Appellants did not respond to the said notice. Despite the same allegedly they had been allotted Category- III flats. They were called upon to pay the price specified therefore and to take delivery thereof. They declined t....
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....ussed in the Chamber of UDM with VC, DDA some time back. After discussion, it was agreed that instead of a general scheme, VC, DDA would cover the pending petitioners, especially, the hard cases under the OTA quota. It was also mentioned by the VC, DDA that there are only three such cases. It is, therefore, requested that further action to allot the flats to these three petitioners may please be taken and action taken in the matter may be intimated to this Ministry in due course. 6. The State Consumer Disputes Redressal Commission was again approached. The application of the appellants was dismissed. Another application was filed by them before the Permanent Lok Adalat for non- compliance of orders of Ministry of Urban Development despite availability of flats. By an order dated 6.09.2005, the Lok Adalat observed: On 12.4.2005, Lok Adalat had recommended that the case of the petitioner is a hard case and instead of General Scheme the case of the petitioner should be considered under the Out of Turn Allotment quota particularly when there are only three cases left. In this connection a letter of Minister of Urban Development & Poverty Alleviation dated 24.8.2005 refers t....
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....respondent was bound to implement the same in view of the principles of Legitimate Expectation and Promissory Estoppel. (iv) As a large number of flats had been vacant, as would appear from the statement made by the Vice-Chairman of the respondent on 8.11.2002 by reason of allotment of the flats, nobody else would be prejudiced. 9. Mr. Ashwani Kumar, learned Counsel appearing on behalf of the respondent, on the other hand, submitted: (i) Appellant do not have any legal right in obtaining allotment of flats. (ii) They having failed to deposit the amount as far back in 1994 cannot now be permitted to claim an equitable right despite their unsuccessful attempt before the Forums created under the Consumer Protection Act, 1985. 10. Indisputably, the Scheme was an independent one. It was a Self Financing Housing Registration Scheme. Other similar schemes following the same were also wholly independent of each other. The Brochure issued for enforcing the said Scheme is a self-contained document. It provides for the mode and manner in which flats are to be allotted, the categories of the allotment of flats thereof, mode of payment as also cancellation there....
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....rection. 15. Submission of Mr. Ram Prakash that the Central Government could issue the said direction in exercise of its rule making power under Section 56 of the Act is wholly misplaced. In issuing the said letter, the Central Government did not exercise its legislative power nor could it do so. The Central Government in terms of the Act apart from Section 41 did not have any power and, thus, could not have issue any direction in terms thereof. 16. If Section 41 of the Act or for that matter Section 56(2)(r) thereof were not applicable, the question of issuing any direction purported to be in terms of Section 21 of the General Clauses Act, as has been submitted by Mr. Ram Prakash, did not arise. 17. M.P. Gangadharan and Ors. v. State of Kerala and Ors. AIR2006SC2360 , whereupon reliance has been placed by Mr. Ram Prakash, has no application in the instant case. 18. The Scheme in question was closed as far back as in the year 1994. The Central Government in terms of the provisions of the Act or otherwise had no jurisdiction to revive the same. 19. All the authorities under the Act including the Central Government being the creature of statute were bound to act within....
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....t Singh and Anr. v. The State of Punjab and Anr. (2007) 9 SCC 582 ] ) 23. Having professed to abide by the Brochure which contained the policy of reservation, as noticed hereinbefore, the Central Government could not in absence of any statutory provision directed creation of any quota and that too after closure of the Scheme. The Scheme after its closure could not even have been revived. 24. Guidelines per se do not partake to the character of statute. Such guidelines in absence of the statutory backdrop are advisory in nature. Mr. Ram Prakash himself has relied upon a decision of this Court in Narendra Kumar Maheshwari v. Union of India and Ors. [1989]3SCR43 wherein it has been laid down: 100... This is because guidelines, by their very nature, do not fall into the category of legislation, direct, subordinate or ancillary. They have only an advisory role to play and non-adherence to or deviation from them is necessarily and implicitly permissible if the circumstances of any particular fact or law situation warrants the same. Judicial control takes over only where the deviation either involves arbitrariness or discrimination or is so fundamental as to und....
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....t a legal right. It is an expectation of a benefit, relief or remedy, that may ordinarily flow from a promise or established practice. The term 'established practice' refers to a regular, consistent, predictable and certain conduct, process or activity of the decision-making authority. The expectation should be legitimate, that is, reasonable, logical and valid. Any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be a legitimate expectation. Not being a right, it is not enforceable as such. It is a concept fashioned by the courts, for judicial review of administrative action. It is procedural in character based on the requirement of a higher degree of fairness in administrative action, as a consequence of the promise made, or practice established. In short, a person can be said to have a "legitimate expectation" of a particular treatment, if any representation or promise is made by an authority, either expressly or impliedly, or if the regular and consistent past practice of the authority gives room for such expectation in the normal course. As a ground for relief, the efficacy of the doctrine is rather ....