SHANTI ELECTROPLATING Vs. MCD & OTHERS

JUDGEMENT

(1.) The petition seeks, (i) a direction to the respondents No.2 &3 viz. Commissioner of Industries and Delhi State Industrial and Infrastructure Development Corporation Ltd. (DSIIDC) to allot an alternative plot under the Re-location Scheme of the Government of National Capital Territory of Delhi (GNCTD) to the petitioner in reference to its application dated 30th December, 1996 and at the same rates as prevailing at the time of booking of the plot by the petitioner in the year 1996; (ii) a direction to the respondent No.1 Municipal Corporation of Delhi (MCD), since succeeded by South Delhi Municipal Corporation (SDMC), to de-seal the industrial unit of the petitioner at 31, Main Market, Subhash Nagar, New Delhi; and (iii) damages for sealing of its premises since the year 2000 i.e. for 13 years, of Rs.50,00,000/-.

(2.) The petition was entertained and counter affidavits have been filed by SDMC and DSIIDC and to counter affidavit of the DSIIDC, rejoinder has been filed by the petitioner. The counsels have been heard.

(3.) The premises of the petitioner at 31, Main Market, Subhash Nagar, New Delhi were sealed for non conforming use thereof by the petitioner and in accordance with the directives issued by the Supreme Court as recorded in M.C. Mehta Vs. Union of India, 2004 6 SCC 588. The government, at that time had also floated a Re-location Scheme for such industrial units being operated in non-industrial areas. The petitioner, as per the prayer paragraph of the petition, had made an application in 1996 itself for allotment of a plot under the Re-location Scheme. However this petition has been filed only on 1st August, 2013 i.e. after nearly 17 years of the date on which the petitioner claims to have applied for plot under the Re-location Scheme and after 13 years from the date (30th November, 2000) on which the petitioner claims its premises to have been sealed and which are stated to be lying sealed till date.