DAYA RAM Vs. COMMISSIONER MCD

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for directions to the respondents/MCD to hand over possession of plot No.A-141 at Ghogha Dairy Colony, allotted to him to carry on his Dairy business by demanding the cost of the plot @ Rs. 2,500 per sq. meter. The petitioner has also prayed for setting aside the impugned letter dated 14.12.2010 issued by the respondents/MCD wherein, he was informed that as his dairy was being run on a Govt. land/ encroachment land, the plots for the said purpose will be allotted @ Rs. 7,000/- per sq. mtr.

(2.) The brief facts of the case as set out in the writ petition are that, the petitioner has been residing at the address, SE-64-65A, Singhalpur village, Shalimar Bagh, Delhi much prior to the year 1998. In or around the year 2004, the respondent/MCD had invited applications for rehabilitation of dairy owners running unauthorized dairies in the Delhi Urban areas so as to allot them plots at Ghogha Dairy Colony for running their dairy businesses from there. The cost of the developed plot was mentioned as Rs. 2,500 per sq. mtr. On 11.09.2004, the petitioner had submitted an application for allotment of three plots by giving the aforesaid address as his dairy farm address. On 09.02.2005, the petitioner had deposited an amount of Rs. 1,20,000/- with the respondent/MCD, which was 50% of the earnest money calculated @ Rs. 2,500 per sq. mtr.

(3.) It is averred by the petitioner that while issuing the receipt, the respondent/MCD had mentioned two of his addresses, one being SE-64-65A, Singhalpur village, Shalimar Bagh, Delhi-88 and the other being Behind Ram Bagh, near Haryana Canal, Delhi . On 23.05.2005, the respondent/MCD issued an allotment letter to the petitioner, allotting him a plot measuring 96 sq. mtr. in Ghogha Dairy Colony. The address mentioned in the allotment letter was SE-64/65, Singhalpur village, Shalimar Bagh, Delhi . However, possession of the aforesaid plot was to be handed over to the petitioner only on receipt of the remaining 50% of the cost of the plot.