SURESH KUMAR JAIN Vs. LT GOVERNOR

JUDGEMENT

(1.) The petitioner claims a writ or direction to quash a decision of the second and third respondent (hereafter referred to as ?the DDA?) stopping or withholding the supply Laminated Veneer Lumber (LVL) Doors, Shutters and Windows for the construction of its housing project at Bakkarwala, Narela (Group-I and II) and Sector-1, Rohini.

(2.) It is alleged that in 1993, the Central Government decided to ban use of timber for the purpose of building construction works; instead, it directed the use of wood substitute materials, in such works. It is claimed by the petitioner that a Five-Member Committee was constituted by the DDA for deciding the use of wood substitute materials in its construction work. The petitioner, a manufacturer of Laminated Veneer Lumber (LVL) doors and shutters etc. applied for registration of its trade mark which was issued on 16.8.2004 under the Trade Mark Act, 1999. In the meanwhile, on 19.4.2001, the DDA by its circular decided to use LVL doors in place of wood substitute materials in its housing constructions.

(3.) The petitioner claims that on 15.7.2002, the Superintending Engineer (TADCELL), Central Public Works Department, granted approval to its firm i.e. Mod Wood Doors for use of LVL products. It is averred that on 30th June, 2003, by an order the DDA approved the petitioner's firm for manufacture and supply of LVL doors, shutters of TADCELL at Turnkey Housing Projects. It is claimed that between March and May 2004 agreements in writing were executed by the petitioner with approved contractors of the DDA, namely, M/s. Sewa Sons Builders for supply of Mod Wood Brand Rubber Wood LVL Doors in DDA constructions, subject to clearance in tests conducted by the DDA as per TADS 15-1995 at site. The work was to be carried out to the satisfaction of the purchaser's site Engineer and the Engineer In-charge of the DDA. It is alleged that pursuant to this upto July 2004, more than 5,000 LVL doors were manufactured and supplied for the purpose of DDA's construction.