ARTICLE
22 July 2026

High Court Of Delhi Holds That An Executive Policy Prescribing An Arbitrary Cut-Off Date Without A Rational Basis Is Violative Of Article 14 Of The Constitution

The High Court held that while the executive is competent to prescribe cut-off dates, such classification must satisfy the twin tests under Article 14 of the Constitution. It was further observed that since the Circular created an artificial classification having no rational or nexus with its object of mitigating hardship, it is arbitrary, discriminatory and unconstitutional. Accordingly, the Hon’ble High Court struck down the Clause B of the Circular.
India Litigation, Mediation & Arbitration
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The High Court of Delhi, through its judgment dated 03.07.2026 in Praveen Gupta v. Delhi Development Authority1 and Deevik Garg v. Delhi Development Authority2, allowed the writ petitions and struck down Clause B of Delhi Development Authority’s Circular dated 02.12.2020 (“Circular”), holding that classification through arbitrary cut-off date for payment to one category of allottees is violative of Article 14 of the Constitution of India, 1950 (“Constitution”).

The High Court held that while the executive is competent to prescribe cut-off dates, such classification must satisfy the twin tests under Article 14 of the Constitution. It was further observed that since the Circular created an artificial classification having no rational or nexus with its object of mitigating hardship, it is arbitrary, discriminatory and unconstitutional. Accordingly, the Hon’ble High Court struck down the Clause B of the Circular.

Footnotes

1. 2026 SCC OnLine Del 4956.

2. 2026 SCC OnLine Del 4956.

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