RAMESHWAR DAYAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner seeking for issuance of a direction to the respondent to hand over possession of plot bearing No. 142, Block-C, Okhla Industrial Area, Phase I, New Delhi, or an alternative plot of land of the same size in Okhla Industrial Area, Phase I, New Delhi, to the petitioner and to execute the necessary conveyance/perpetual lease deed in terms of the allotment made by the respondent to the petitioner.

(2.) The petitioner is a manufacturer of Wooden Cabinets which are being used for sewing machines and Television sets, carrying on his business from the premises bearing municipal No. 525/16 and premises bearing municipal No. 508 situated at Chhota Bazar, Shahdara, Delhi. The aforesaid area from which the petitioner was carrying on his business was found to be a non-conforming area and accordingly in terms of the scheme of the respondent/DDA, the petitioner applied for allotment of an alternative industrial plot. The said application was filed some time in the year 1970 and a copy thereof has been placed on record as 'Annexure-D'. The aforesaid application filed by the petitioner was processed by the respondent and the said application was forwarded to the Officer on Special Duty (Lands), Directorate of Industries.

(3.) A letter was issued to the petitioner on 16.11.1971 by the respondent intimating the petitioner the decision of the respondent to allot to the petitioner a plot No. 142, Block-C in Okhla Industrial Area, Phase I, Delhi, measuring 4840 sq.yards on perpetual lease hold basis for shifting his industry/warehouse from the non-conforming location. It was mentioned in the said letter that the allotment would be on the specific conditions that the petitioner would within two months from the date of possession of the plot, stop use of the present premises for the purpose of warehouse and for any manufacturing process or running of any industry whatsoever. By the aforesaid letter the petitioner was asked to deposit the amount as mentioned therein. The petitioner, however, did not deposit the amount in terms of the letter and accordingly by letter dated 5.8.1972 the Delhi Development Authority informed the petitioner about cancellation of the allotment of the plot made in favour of the petitioner for non-payment of the amount in terms of the demand.