GOLCHA HOSIERY MILLS Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant has preferred this appeal against the Judgment dated 4.3.1994 passed in C.W.P.N0.2806/88byK.S.Bhat,J.

(2.) In this appeal, a very short controversy is involved. The appellant has been carrying on business of manufacturing of Hosiery for a number of years. It was decided by the respondent DDA to shift the Hosiery industry from the walled city to different industrial areas, including Rampura Industrial Area, and Okhla industrial area. It is alleged by the appellant that according to the DDA, all those who were shifted from the walled city to different industrial areas were entitled to alternative industrial plots and in that scheme the appellant also applied for allotment of an industrial plot. The appellant initially requested that he be allotted industrial plot in Rampura industrial area but the respondent did not agree. It is submitted that the respondent instead of issuing the demand letter without any basis, refunded the earnest money vide its letter dated 16.12.1971. The appellant persistently pursued the matter with the respondent authority and according to the appellant, respondent vide its letter dated 9.7.1980, mentioned that the appellant's household industry, is not required to be shifted and the appellant's industry shall not be shifted, therefore, there is no question of any alternative allotment. Even thereafter, the appellant persisted the matter with the respondent authority and wrote a number of letters, mentioning that he was entitled to an alternative plot and the same be allotted to him.

(3.) It is alleged that ultimately on 8.2.1983, the respondent agreed to allot an alternative plot to the petitioner at a concessional rate of Rs.37.00 per square yard and the. respondent asked the.appellant to deposit Rs.3,60,944.98. According to the appellant, the said amount was exssive and the demand letter was illegal and the appellant did not deposit the.amount. The appellant vide his letter dated 19.8.1983, furnished the details,in respect of industries for which old rates were 'charged and. the respondent could not discriminate against the appellant. Ultimately, when the appellant's persistent efforts did not.yield any result, then he preferred a writ petition before this court, in which he prayed that the order dated, 24/25-10-1983 be .quashed whereby the respondent illegally rejected the case of the petitioner and he further prayed that directions be issued commanding the respondent to allot plot no.D-97, .Okhla Industrial area Phase-1, New Delhi, at such rate and preferably at the pid rate of Rs.37.00 per square yard.