VISHWA NATH GUPTA Vs. MCD

JUDGEMENT

(1.) HAVING heard the learned counsel for the parties, we feel sufficient ground for condonation of delay of 18 days in filing the appeal is made out. The applicant/appellant had earlier filed a Review Application within the limitation period which has been dismissed. Thereafter, the present composite appeal against the judgment dated 6th August, 2010 and the review order dated 31st August, 2010 has been filed. Accordingly, the delay in filing the appeal is condoned. The application stands disposed of accordingly. By the impugned order dated 6th August, 2011, the learned Single Judge has dismissed the writ petition filed by the petitioner Vishwanath Gupta for allotment of alternative plot/shop at Sanjay Gandhi Transport Nagar in lieu of shop numbers 14-15 Sanjay Market, Gulabi Bagh, Delhi. Learned Single Judge has held that the appellant was carrying on dry- cleaning business and no fault can be found in the action of the respondent MCD in rejecting the application for allotment of alternative plot/ shop. Learned Single Judge has observed that the appellant had concealed facts and therefore, was not entitled to discretionary relief under Article 226 of the Constitution of India.

(2.) AFTER filing the present appeal, copy of memorandum of appeal was served on the counsel for the MCD and vide order dated 6th December, 2010, learned counsel appearing for the MCD was asked to file an affidavit of Commissioner, MCD, explaining whether there was a scheme or circular for allotment of alternative plots/shops of Sanjay Gandhi Transport Nagar. Additional affidavit has been filed by the Commissioner, MCD. In the additional affidavit, the Commissioner, MCD has stated that in 1976, with a view to de-congest the City, especially Gulabi Bagh and Roshnara Road areas, a proposal was mooted to establish a transport nagar and to shift transporters, their godowns, workshops and other allied business establishments. Initially the proposal was to shift and establish a transport nagar near Wazirabad but due to objection from Air Force authorities, the scheme could not materialize. Subsequently, a proposal was made for setting up transport nagar near Sameypur Badli, G.T. Karnal Road. This proposal was approved by the Lt. Governor in the year 1980. Thereafter, a project report was prepared and approved by DDA in 1983 and land was provided in 3 phases.

(3.) THE case made out by the appellant in the writ petition and before us is that he had filed an application in terms of the advertisement dated 14th March, 1984 and had deposited Rs.15,000/-. Subsequently, vide letter dated 10th October, 1985, the respondent called upon the appellant to deposit Rs.15,000/- with interest @ 18% p.a. for development of the site. This amount of Rs.15,000/- along with interest of Rs.650/- was also deposited by the appellant 22nd October, 1985.