RAJINDER PRASAD GUTA Vs. GNCT

JUDGEMENT

(1.) The petitioner before this Court is running a small scale industry under the name of Rajendra Plastics at S-28, Janta Market, Rajouri Garden, New Delhi-110027. The respondent-Commissioner of Industries invited applications for allotment of industrial plots/flats in the functional industrial estates of Narela, Jhilmil Tahirpur, Jhilmil, Badli, Okhla, Patparganj etc. The petitioner also applied for allotment of a plot for the purpose of relocating his unit to such an industrial estate. On 07.11.2000, the petitioner appeared before the Appeal Committee of the respondents and after considering his documents the said Committee found his case to be in order and therefore recommended allotment of a plot to him under Relocation Scheme. However, no specific plot was allotted to the petitioner and no payment was deposited by him with the respondents, except the application money of Rs 1,20,000/- which he had submitted along with the application. On 09.03.2007, the case of the petitioner was reviewed and observing that the petitioner was holding a Municipal Corporation Licence of local commercial area and, therefore, his unit was not violating the parameters of local commercial area, he was not considered eligible for allotment of a plot under relocation scheme. Being aggrieved from the said decision, the petitioner filed W.P.(C) No. 8503 of 2007 which came to be decided by this Court vide order dated 06.09.2008. The said order, to the extent it is relevant reads as under:-

(2.) Pursuant to the order passed by this Court, the petitioner was given a personal hearing by the Appeal Committee on 17.09.2009. The Committee, after examining his documents, observed that his unit was established during 1973-74, was situated in a local commercial area and functioning within the parameter, as prescribed for local commercial area in the Master Plan of Delhi and, therefore, it was not eligible for allotment under the relocation policy, being situated in a conforming area as per the Master Plan of Delhi. Being aggrieved from the aforesaid decision of the Appeal Committee, the petitioner is before this Court by way of this writ petition seeking the following reliefs:-

(3.) Clause 12 of the scheme framed by the respondents for allotment of alternative industrial plot under the relocation scheme reads as under:-