Haryana Development and Regulation of Urban Areas Act (1975) – Licensing and De-licensing – Rights of Apartment Owners.
(A) Haryana Development and Regulation of Urban Areas Act (1975) – License for Residential Colony – De-licensing of portion of land. Developer initially obtained license for 18.98 acres for a residential colony—Subsequently applied for de-licensing of 8 acres to develop a commercial complex (Mall/Hotel)—Residents of Phase-I (10.98 acres) challenged the reduction of area, alleging loss of promised open spaces—Held, the legality of de-licensing depends on whether the rights of apartment owners under the Apartment Buyers’ Agreement and the Haryana Apartment Ownership Act were violated—Matter scrutinized for alleged collusion between State authorities and developer.
(B) National Green Tribunal Act (2010) – Environmental Compensation – Violation of open space norms. Original Application before NGT alleging destruction of parks and green belts—Joint Expert Committee recommending fine of Rs. 138.83 crores—Held, environmental violations in specialized jurisdictions like NGT are to be treated independently from general civil disputes regarding land title or licensing—Demolition of commercial structures a potential remedy for extreme environmental degradation.
(C) Civil Procedure Code (1908), S. 11 – Res Judicata – Multiplicity of proceedings. Previous suits filed by Residents’ Association (ALARWA) withdrawn or dismissed—Individual residents filing fresh Writ Petitions—Maintainability challenged on grounds of delay and prior litigation—Effect of withdrawal of representative suits on individual rights discussed.
2. Gujarat Public Service Commission v. Gnaneshwary D. Shah
2026 INSC 70
AICTE Act (1987) – Recruitment Rules – Estoppel.
(A) All India Council for Technical Education (Career Advancement Scheme) Regulations (2012) – Nature of Regulations – Direct Recruitment vs. Promotion. AICTE Regulations 2012 titled "Career Advancement Scheme"—Applicability to direct recruitment challenged—Held, the architecture of the Regulations (API scores, PBAS) is designed for "Promotion and Progression" of incumbent teachers—It serves as a "ladder" for those already in the system, not a "gate" for initial entry—Direct recruitment for Government Engineering Colleges to be governed by State Recruitment Rules, not CAS Regulations.
(B) Constitution of India, Art. 16 – Selection Process – Challenge by unsuccessful candidate – Estoppel. Candidate participated in the interview process for the post of Professor without protest—Failed to secure minimum qualifying marks—Challenged the selection criteria only after being declared unsuccessful—Held, a candidate having taken a chance in the selection process cannot turn around and challenge the "rules of the game" or the methodology of evaluation after failing—Principle of estoppel squarely applies.
(C) Administrative Law – Judicial Review – Expert Committees. Evaluation of suitability for academic posts—Held, the decision of a Committee of Experts regarding the suitability of a candidate should not be interfered with by Courts in exercise of powers of judicial review, unless there is patent illegality or mala fides.
