- (1.) The Delhi Development Authority some time in the year 1969 sought for permission of the central government to run lotteries in Delhi. By order dated 17/04/1969, it was conveyed to the Lt. Governor of Delhi that the President of india was pleased to grant permission to the 'occasional running of lotteries' in delhi by the Delhi Development authority. By order dated 31/03/1992, the central government decided the running' of Delhi lotteries to be transferred from delhi Development Authority to Delhi administration with effect from 1/04/1992. On 21/12/1994, the government of Delhi took a decision, with the approval of the Lt. Governor, to close down Delhi lotteries with effect from 3/01/1995.
(2.) Some of the agents running lotteries put in issue the decision of Delhi government by filing a writ petition before the high Court of Delhi. The High Court of delhi formed an opinion that Delhi is a union Territory and cannot be equated with state and thus, it is not possible for the court to uphold the contention put forth on behalf of the Delhi Government that Article 239aa of the Constitution is a complete Code dealing with legislative and executive powers of Delhi government. The High Court also held that executive power under Article 298 of the constitution is not co-terminus with the limited legislative power conferred by article 239aa (3) (a) on Delhi Government as Article 298 does not apply to the union Territory of Delhi. In the opinion of the High Court, the proper course for the delhi Government to follow, after having taken a decision to close down the lotteries, was to approach the Government of India for appropriate directions. In view of these reasons, the High Court struck down the decision of Delhi Government referred to hereinabove.
(3.) Feeling aggrieved by the judgment of delhi High Court, the Government of national Capital Territory of Delhi has come up in appeal by special leave.;