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TMI Blog2016 (3) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... smuch as the power of review can be exercised by the Director General either suo motu or “otherwise”. - Decided against the petitioner - W. P. (C) 2160/2016, W.P.(C) 2174/2016 - - - Dated:- 15-3-2016 - Manmohan, J. For the Petitioner : Mr. Pankaj Bhatia, Advocate with Mr. Dhruv Surana and Mr. Nipun Goel, Advocates For the Respondents : Mr. Vineet Malhotra, Advocate with Mr. Vishal Gohri and Mr. Shubhendu Kaushik, Advocates, Mr. S.K. Dubey, Advocate with, Mr. Udit Malik, Advocate JUDGMENT Manmohan, J. (Oral) CM Appl. 9231/2016 (exemption) in W.P.(C) 2160/2016 CM Appl. 9313/2016 (exemption) in W.P.(C) 2174/2016 Allowed, subject to all just exceptions. W.P.(C) 2160/2016 CM Appl. 9230/2016 W.P.(C) 2174/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be final. (3) The Central Government may, at any time, either on its own motion, or on application made to it in this behalf, call for the records of any case disposed of or order passed by the Authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the Central Government shall not pass any order prejudicial to any person without affording such person a unreasonable opportunity of being heard. xxx xxx xxx 29. The question whether the power under Section 41 (3) is quasijudicial or not has to be contextualized in the overall setting of the provision. DDA in its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered quasi judicial . Even so, the safeguard, to allay all apprehensions, is enacted through the proviso to Section 41 (3) that an order which can result in an adverse consequence to a party, should be preceded by notice to her (or him). 30. There is another way of looking at the matter. If one views the power of the Central Government in the overall setting of a law that essentially deals with town planning, the disput between DDA and the Central Government is a unique one; it is as to the policy that the former has to adopt. Thus, the view of the latter is given primacy. In amplification of this power, it is clarified, by Section 41 (3) that the Central Government can reverse decisions of DDA, in pending or closed cases. In su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit. (emphasis supplied) 5. This Court is of the view that the Director General has full power to deal with an application filed by DRI inasmuch as the power of review can be exercised by the Director General either suo motu or otherwise 6. In the opinion of this Court, Section 16 of the Act, 1992 clearly contemplates review of judicial orders also inasmuch as it states that the reviewing authority may call ..... X X X X Extracts X X X X X X X X Extracts X X X X
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