RAMESHWAR DAYAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has approached this Court inview of the inaction of the respondent in delivering possession of the plot allottedto the petitioner under the following circumstances:

(2.) The petitioner is manufacturer of wooden cabinets used for sewingmachines and television sets. He has been carrying on his activity in premisesbearing Municipal No. 525/16 and 508 situate at Chhota Bazar, Shahdara, Delhiand Circular Road, Shahdara. Another premises also was used by the petitionerbeing 3-131, Chhota Bazar, Shahdara. These premises are situate in non-conform-ing area. The land on which these premises were put up were acquired by theGovernment under the provisions of the Land Acquisition Act and the award cameto be passed in November, 1968. Since persons like the petitioner were deprivedof the facility to run their business or industry, a scheme was formulated to allotalternative sites to the persons who were deprived of their existing premises. On16.12.1968 the petitioner made a representation for the allotment of alternative plot.In the meanwhile the petitioner also requested not to evict him from the present prerinises. On 7.3.1969 the petitioner was asked to apply for the plots in the prescribed form. In January 1970 the petitioner's application was received by therespondent seeking allotment of an industrial plot. Petitioner also deposited a sumof Rs. 2,500.00 alongwith the application. On 12.5.1970 (Annexure E) the respondentrequested the Directorate of Industries to assess the petitioner's land requirements.On 16.11.1971 an order came to be made as per Annexure F allotting plot No. 142, 'Block No. 'C' in Okhla Industrial Area, Phase 1. This allotment was on the specificcondition that the petitioner would, within 2 months from the date of possessionof the plot, stop the use of the premises and all the three premises were referred inthe allotment letter. The petitioner was also asked not to let out or sublet thevacated premises. The petitioner was also asked to deposit by 10.5.1972 theamounts detailed in the said letter of allotment. The total premium of the plot Rs.40.00 per Sq. Yard was Rs. 1,93,600.00. The petitioner was asked to pay 25% of thetotal premium by 10.5.1972 after giving due credit to the amount already depos- Iited.The balance was Rs. 45,900.00 to be deposited by 10.5.1972. Another 25% of ;the total premium was payable on demand. The letter also stated that the balance 50% of the premium would be payable on demand when electricity and watersupply are made available in the scheme. However, in case the petitioner wantedthe possession immediately it was stated that the same can be handed over onpayment of the full premium of the plot + Rs. 10.00 on account of the cost ofpreparation of the lease deed and the site plan etc. The petitioner made the following payments as demanded and it is clear that by January 1975 he had paid ,50% qf the premium.

(3.) On 18.1.1975 the petitioner made a representation (Annexure G). Thepetitioner pointed out that the valuation of the plot was on a higher side and the various representations made by the petitioner were not considered and petitionerrequested the Vice Chairman of the respondent for personal intervention forrefunding the excess collection charges and requested that the old rates may becharged. The letter also refers to the fact that the petitioner had made payment ofabout 50% of the premium. On 14.3.1975 the petitioner was informed that theallotment of the Industrial plot was restored. However, the representation of thepetitioner dated 18.1.1975 was "under decision". Possession was still not handedover to the petitioner and therefore, the petitioner proceeded to make his representation. In a letter dated 5.10.1977 (Annexure 1) the petitioner pointed out that theconcerned file had to be collected expeditiously from the CBI by the respondent.The petitioner gave summary of the petitioner's case regarding the allotment of theplot. The petitioner also pointed out that the petitioner's amount with therespondent was Rs. 67,340.00 which was blocked since September 1973 and that theinterest alone on the said amount will be Rs. 61,800.00. The petitioner seems to haverepeated his requests even thereafter for handing over possession of the plot.