LAWS(DLH)-2002-12-2

GOVIND PLASTICS Vs. DELHI DEVELOPMENT AUTHORITY

Decided On December 17, 2002
GOVIND PLASTICS Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner claims to be carrying on business of plastic industry at 3484/1, Narang Colony, Tri Nagar, Delhi-110 035 as a tenant which is a residential area. The industry was thus being run in the non-conforming area. An advertisement was issued by the DDA in the year 1975-76 for allotment of industrial plots to industries being run in non-conforming areas. The petitioner applied for the allotment of an industrial plot measuring 200 sq.meters in pursuance to -die said advertisement and deposited a total sum of Rs.12,500/- in 1976. The amount of Rs.12,000/- is stated to have been deposited towards 30% of the cost of the plot.

(2.) The petitioner claims to be a member of Multi Small Scale Industries Association and it is stated that in terms of the letter dated 18.8.1980 the association was informed that a decision had been taken to allot industrial plots to nearly 300 applicants who had deposited 30% of the premium and that further action would be taken to implement the scheme. In August/September, 1982 the association informed the petitioner to furnish to the respondent documents relating to the MCD licence, annual turn-over, number of workers employed and the consumption of the items manufactured. This was informed by the petitioner to the respondent vide letter dated 30.9.1982. However, in the petition it if stated that no such demand of documents could have been made since that was not the part of the scheme.

(3.) The petitioner received a letter dated 9.3.1989 along with a cheque of Rs. 12,500/- being the refund of the earnest money/premium deposited which was returned by the petitioner to the respondents on 17.4.1989. The respondents, however, again returned the cheque with the tetter dated 17.5.1989 and it is stated that the petitioner once again returned the cheque. The petitioner thus filed the writ petition to direct respondents to allot the petitioner industrial plot measuring 200 sq.meters under the scheme @ Rs.200/- px r square meter.