INDIA IRON STORES Vs. U O I

JUDGEMENT

(1.) Common issues are raised in these appeals. In fact, these appeals arise out of three writ petitions filed by these three appellants and the learned Single Judge has also disposed of the writ petitions by common order dated November 25, 2002 which is impugned in these appeals. These appeals were heard together and that is the reason we are disposing of all these three appeals by this common order.

(2.) The issue involved is in a narrow compass. All the appellants were unauthorized occupants of public land in Basant Nagar. From there the appellants were carrying on business of iron and steel. They were removed from these sites during the period 1975 to 1977, when an operation was carried out by the DDA in various parts of Delhi for shifting of nonconforming trade and industry. With the intention that the business interests of the appellants do not suffer even when they were encroachers on public land in Basant Nagar, the respondent-DDA agreed to allot plots of 84 sq. meters to each of the appellants at Madangir. This offer was made to the appellants fixing the rate of Rs. 4,183/- per sq. meter. Appellants felt aggrieved by this rate and that is why writ petitions were filed by them.

(3.) According to the appellants, they should have been given pfots at pre-determined rate of Rs.69/- per sq. yard. This claim is based on a scheme which was formulated by the DDA for relocation of iron and steel traders situated at Motia Khan. It is a matter of record that there was huge unauthorized market of iron and steel business in Motia Khan. When Government decided to shift the said market, a comprehensive scheme for this purpose was framed and those who were eligible as per the scheme were allotted plots at Naraina. A policy decision was taken to charge from those traders rate of Rs. 69/- per sq. yrd. The contention of the appellants is that since DDA fixed a rate of Rs. 69/- per sq. yard, for those traders there could not have been a discrimination meted out to the appellants by charging rate of Rs. 4,183/- per sq. meter. The parity is claimed by emphasizing that appellants herein were also doing the same business, namely, iron and steel which was the business of those traders situated at Motia Khan. If appellants were unauthorized occupants so were the traders at Motia Khan. The appellants were shifted from nonconforming area in the same manner as the traders operating from Motia Khan. Therefore, the appellants could not be treated differently when they were identically situated. Other submission in support of the case of the appellants is that they are entitled to the benefit of pre-determined rate under Rule 6(v) of the DDA (Nazul Land) Rules, 1981 (hereinafter referred to as the 'Rules' for short)