RAJ KUMAR CHAOPRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner is aggrieved by the allotment and disbursal of plots done by the respondents, in Maraina Industrial Area Warehousing Scheme and has sought a writ of Mandamus for allotment of plots to the petitioner in the said Scheme,

(2.) The petitioner claims that he is an iron and steel merchant and has been carrying on two different businesses under the name and style of M/s Alita at 10188 Loha Mandi, Motia Khan and as M/s Raj and Company at T-885 Desh Baridhu Gupta Road, Paharganj. The business is stated to have been carrying on since 1947. The business at T-885, Desh Bandhu Qupta Road was on the site of the Municipal Corporation of Delhi, on payment of Tehbazari charges to .the respondent corporation.

(3.) The Delhi Development Authority published advertisements in, newspapers on 29.10.1965 inviting applications for allotment of industrial plots in different areas from those whose business was located in non-conforming areas of Delhi and the petitioner made two applications in the name of two entities. The petitioner was thereafter conveyed the decision to allot the warehousing plot separately in the name of two entities and deposited 50% of the premium as demanded. However, subsequently vide letter dated 18.6.1968. the petitioner was informed that the petitioner would be allotted a plot of 450 square years in Naraina Industrial Area Scheme Phase-I. This was followed up by another letter dated 23.5.1969 issued to the petitioner as proprietor of M/s Raj and Company stating that the plot of 450 sq. yards had already been allotted in the name of M/s Alita and that both the firms were functioning at the same address i.e. 10188 and thus the request for a separate plot in the name of M/s Raj and Company could not be acceded to. The petitioner made further representations. On 16.3.1970, a draw of lots was held by DDA but the same was challenged in CW 31.7/1970. This petition was decided on 13.10,1970 and it was directed that fresh allotment of plots should be made applying a common denomination to all the members,