PUNJAB MOTOR WORKSHOP Vs. DDA

JUDGEMENT

(1.) The writ petitioner claims a direction to quash the decision dated 31st January, 1989, of the Delhi Development Authority (hereafter referred to as "DDA") turning down his request for an alternative plot. A further, consequential direction by way of mandamus to allot one acre at the rate prevailing in 1977 or alternatively an area of 2000 square meters has also been sought.

(2.) The facts are few and largely admitted. The DDA had, apparently, in 1969-70, formulated a scheme for the allotment of industrial plots to those who were likely to be displaced on account of their carrying out non-conforming activities. The petitioner's premises are located at the Nicolson Road where it has been carrying on certain industrial activities of re-conditioning motor parts. The petitioner applied for a plot under the scheme. It is an admitted case of the parties that an amount of Rs. 20,400/- was also deposited along with the application. On 1.2.1977, the DDA intimated the petitioner about allotment of industrial plot in Okhla. The area and the location of the plot was however not mentioned. The amount at that state was Rs. 2,33,193.80. The demand letter dated 1.2.1977 required deposit of the amount within one month. The petitioner apparently deposited a sum of Rs. 1,06,600/- on 2.3.1977. Thereafter, it kept representing to the DDA for allotment of the promised plot.

(3.) At that time apparently there were some deliberations within the DDA as to the size of the plot. Although, the previous understanding was that one acre plot would be allotted to industrial concerns like the petitioner, the DDA had to re- think on the issue due to the restrictions imposed by provisions of the Urban Land Ceiling and Regulation Act, 1976 which was been brought into force in the interregnum. Ultimately, on 2nd February, 1988, the DDA wrote to the petitioner informing it that the allotment would be effected by bifurcating plot No. B-20 at Okhla Industrial Area Phase-I, (to the extent of 2000 square meters) at the then prevailing current market rate. This had approval of the Land Advisory Approval Committee of DDA. The minutes of the Committee's deliberations have been produced during the course of the hearing by counsel for the respondent.