KIMTI LAL RAHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of above noted bunch of similar applications under Order 39 rules 1 and 2 read with Section 151 Civil Procedure Code for temporary injunction restraining the defendants from taking any action deterimental to the interests of the plaintiffs in regard to industrial sheds which are in their possession and to stay the eviction proceedings initiated against them by defendant No.3 before the Estate Officer under Public Premises(Eviction of Unauthorised Occupants) Act,1971. Facts of all the cases being similar it would suffice if the facts of one of the cases namely, Suit No.2369 of 1988 are stated.

(2.) In the year 1973-74 the Government of India came out with a programme to create employment opportunities for educated unemployed. The Union of India called upon the State Governments and the Administration of Union Territorties to formulate and send their proposals. Accordingly, the State Governments and the Union Territories formulated their proposals which were approved by the Government after consulting the Planning Commission and the Union Finance Ministry. In the Union Territory of Delhi the task of implementing the scheme was entrusted to defendant No.2 and defendant No.3-Delhi Administration and Delhi State Industrial Development Corporation Limited (for short 'DSIDC') respectively. Sometime in July 1973 a scheme was advertised by defendant No-3 which was captioned as follows:

(3.) The salient features of the scheme were that the unemployed Engineering Degree holders or diploma holder technicians were to be given training for three months in Entrepreneurial Development by DSDIC. On successful completion of the training they were to be considered for allotment of industrial sheds and all possible assistance was to be rendered to them for securing loans from the Delhi Administration, Delhi Financial Corporation and nationalised banks. Machinery and plant were also to be provided to them under the hire purchase scheme of defendant No.3 and assistance for promoting sale in internal and export markets was also to be given by the said defendant. That apart during the training period the degree holder Engineering Graduates and Diploma holder Technicians were to be paid stipends of Rs.400.00 and Rs.250.00 per mensum respectively.