VANDANA SPORTS INDIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) DDA floated a scheme for allotment of industrial plots to industrial units in non-conforming areas as per Delhi Master Plan. Appellant/ claimant applied for 200 sq. mt. plot under the scheme and deposited Rs.12,000.00 or so for this. He was directed to furnish some information and documents which he says he did including the intimation that he had shifted from 450, Rampura, Delhi to 334/1, Circular Road, Pitam Pura, Delhi. Later he was informed that he could not be alloted any plot because he had shifted his premises to Pritam Pura. He filed CWP No. 3572/89 which was dismissed by Writ Court by order dated 27.5.1994 while disposing of a batch of petitions. It was dismissed on the ground that he had failed to indicate the nature of his industry in the non-conforming area and his entitlement to allotment of a plot.

(2.) Appellant's case is that he had placed a copy of the Municipal Licence on record which shows that he was manufacturing rubber goods/TT rackets (Sports goods) and which provided requisite information about nature of his industry but Writ Court had disregarded this and dismissed his writ petition. He also asserts that he had satisfied other terms of the eligibility as per DDA scheme and, therefore, was entitled to similar reliefs as granted to other successful writ petitioners vide judgment dated 27.5.1994.

(3.) We have gone through the record and examined the impugned order. It is not that petitioner's case was wholly silent on the nature of his industry or about his entitlement. It is a different matter whether he satisfied other requirements under the scheme and the judgment of this Court. But his writ petition did not surely warrant summary dismissal for his failure to indicate the nature of his industry or to lay basis for his entitlement which he may not have sufficiently done to the satisfaction of writ Court. It appears that the Court had missed to examine the whole record so as to gather nature of his industry or for that matter his entitlement.