YASHPAL MADAN Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) These 16 petitions raise common issues, therefore, they are being disposed of by this common judgment. The pleadings are complete in Yashpal Madan & Others v. Govt. of NCT of Delhi & Anr., [WP(C) 10048-52/2004]. Therefore, the matters have been heard on the basis of the pleadings of this petition.

(2.) The petitioners had to shut down their industrial undertakings / units which were being run in Delhi in non-conforming areas / residential areas pursuant to orders passed by the Supreme Court in the case of M.C. Mehta v. Union of India: AIR 1996 SC 2231. The Supreme Court had directed the shutting down of industries in the non-conforming / residential areas and had also directed that the same be relocated in industrial areas. The DSIDC was made responsible for devising a scheme for relocation of such non-conforming industries / undertakings which were running prior to 1996. The relocation scheme was introduced in 1996 itself. Thereafter, the respondents invited applications from eligible persons in 1996 for allotment of industrial plots in authorised industrial areas developed / to be developed by the authorities for the purposes of relocating the industrial units. The petitioners are all applicants pursuant to the said policy.

(3.) The petitioners applied for industrial plots at the Narela Industrial Complex developed by DSIDC. The DSIDC brought out a brochure in respect of the said relocation scheme of 1996. Annexed to the brochure was the proforma of the application form which was to be submitted by the applicants. An instruction sheet for filling in the application form was also annexed to the application form. This contained the guidelines. Undef the heading "General", paragraph 1 prescribed the eligibility conditions as under:-