LOHA UDYOG Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Writ Petition was allowed vide order dated 21st November, 1990. By this we are giving the reasons for the same.

(2.) M/s. Loba Udyog in this writ petition has assailed the order of the Delhi Development Authority (hereinafter called the ODA) dated 25th February, 1988 thereby withdrawing the offer of allotment of alternative plot already made to the petitioner vide letter dated 16th July, 1985.

(3.) Briefly the facts of the Case are that petitioner, M/s.Loha Udyog, a partnership firm stated to be M/s. Delhi Iron & Steel Stockists (CS.) Association Private Limited carrying on business of Iron & Steel at Motia Khan better known as Loha Mandi. Petitioner has been in occupation of Plot No 10186 measuring 287 square yards in Motia Khan, Delhi, since 1965. The business of Iron & Steel was carried on the said plot after raising pacca construction thereon. Petitioner also got electricity connection and was assessed to sales tax for the business being carried out at the said premises. In the year 1975 actual removal of unautorised occupation of the plots at Motia Khan, which was a non-confirming area, was started. Some of the persons were not allotted plots and therefore they filed Civil Writ Petition No. 1121/75 being Surajmal & Others v. Delhi Development Authority. Pursuant to the same, Delhi Development Authority passed aresolution on 11th October. 1977 regarding the manner-in-which the allotment was to be made. Earlier policy was that the person who were removed and were paying damages should be given alternative allotment at a reserve price. Whereas those who were not assessed to damages should be given the alternative plot at the average auction rate. The new policy classified the persons into two categories namely, the persons against whom proceedings were pending for assessment of damages but not final order had been passed and secondly, those against whom no such proceedings were Initiated and were in occupation thereof. The resolution reads as under: