RAMESH KUMAR Vs. COMMISSIONER OF INDUSTRIES AND ORS

JUDGEMENT

(1.) The petitioner impugns an order dated 13.05.2010 (hereafter 'impugned order') rejecting petitioner's application/appeal for allotment of industrial plot under the relocation scheme on the ground that the petitioner had failed to establish that he was carrying manufacturing business prior to 19.04.1996.

(2.) Briefly stated, the relevant facts are that the industrial units which were functioning in non-conforming areas were to be relocated to conforming areas in view of the decision of the Supreme Court in M.C. Mehta v. Union of India and Ors.: W.P.(C) No.4677/1985. In order to facilitate shifting of industrial units from non-conforming areas, the Government of NCT of Delhi floated a relocation scheme and entrusted DSIIDC for implementing the said scheme. As per the scheme, the industrial units that were established prior to 19.04.1996, were eligible for allotment of industrial premises in conforming area. The applications in this regard were scrutinized by the Commissioner of Industries and a list of eligible applicants was forwarded to DSIIDC.

(3.) The petitioner is engaged in the business of manufacturing, trading and repairing of "Die making" and was running a factory at Shastri Nagar, Delhi under the name of R.K. Mechanical Works. On 31.12.1996, the petitioner made an application (No.53498) to the Commissioner of Industries for an industrial plot under the relocation scheme.