BANSI LAL KANHAIYA LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitions concern the shifting of the Chemicals Market from within the city, primarily in Lal Kuan and Tilak Bazar, to Holambi Kalan at Narela.

(2.) THE precursor to the said shifting was the fire on 31st May, 1999 at Lal Kuan. A Public Interest Litigation being W.P.(C) No. 3678/1999 titled All India Lawyers Union (Delhi Unit) v. UOI was filed seeking compensation for loss of life and property of the affected families. During the hearing of the said writ petition, directions were also issued for development of a wholesale chemicals market so that the market thriving in the congested areas of Lal Kuan and Tilak Bazar and Khari Baoli could be shifted out. Ultimately upon land at Holambi Kalan at Narela being identified for the said purpose, directions were issued in the said PIL for shifting of the entire chemical trade from the city to the said site.

(3.) THE Respondent DDA initially in the year 2001 -02 offered 50 sq. mtrs. plots with FAR of 200 to each of the traders entitled to re -location, at a pre -determined rate of Rs.5,400/ - per sq. mtr. for FAR of 100. The premium so claimed by the Respondent DDA and costing thereof became the subject matter of W.P.(C) No. 6317/2002 preferred by the Rang Rasayan Vyapar Sangh, an association of Chemical Traders. Vide interim order dated 1st October, 2002 in the said writ petition, it was directed that the persons who desired to pay the full amount in terms of the demand letter could pay the demanded premium and take possession of the plot and if the amount charged by the DDA was found to be in excess, they would be entitled to refund of the excess amount paid together with interest; option was also given to pay 50% of the demanded amount and subject to payment of which stay of cancellation was granted; it was however provided that the balance amount found payable would be payable along with interest. DDA was thus free to cancel the allotment of those who did not pay 50% of the demanded premium also.