PRIYA RAWAT Vs. DSIDC AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed for quashing of allotment of industrial plots in the product group 'plastic' by respondent No. 1 -DSIIDC in the Narela Industrial Complex through draw of lots held on 18th /19th December, 1990 on the ground that the allotments have been carried out without adhering to any fair and reasonable policy and to further direct respondent No. 1 to hold fresh draw of lots with regard to allotment of plots in the product group 'plastic' for persons falling under Scheduled Castes/Scheduled Tribes categories.

(2.) At the outset, learned counsel for the respondent -DSIIDC raises preliminary objections to the maintainability of the present writ petition on the ground that it is barred by delay and latches as well as it amounts to relegitation as the petitioner had earlier filed a writ petition being WP(C) 2560/1993 which was disposed of by a coordinate Bench of this Court on 10th July, 2009. The order of coordinate Bench dated 10th July, 2009 is reproduced hereinbelow: -

(3.) The aforesaid controversy today is of academic interest as admittedly allotments were made in 1990, 19 years back. It will not be in the interest of justice to disturb the said allotments or direct fresh draw of lots by segregating Schedule Caste and Scheduled Tribe applications. It is also not possible to direct that an industrial plot would be allotted to the petitioner as the only right claimed by him is to participate in the draw of lots with other Scheduled Tribe candidates. The said process cannot be resorted to now in respect of the scheme where the draw of lots was held in 1990. A learned single Judge of this Court in W.P. (C) 3587/1990 titled All India Scheduled Tribe Sewa Sangh versus DDA and Another has already issued directions to DDA to ensure that while framing a scheme, Scheduled Caste and Schedule Tribe candidates should be separately dealt with. The said directions will equally apply to DSIDC.