MARBLE POINT Vs. DDA

JUDGEMENT

(1.) This writ petition is by 10 marble traders seeking a Writ of Certiorari to quash the letter dated 12.7.2006 issued by the Delhi Development Authority (DDA) to the extent that it raises a demand for the alternative plots allotted to the petitioners at the rate of Rs. 38,259/- per sq. m. The other prayer is that the demand should be scaled down to Rs. 5200/- per sq. m. on par with what has been demanded from other similarly situated marble traders.

(2.) The background to this writ petition is that in 1997 these very petitioners had filed Writ Petition (Civil) No. 1674 of 1997 in this court seeking a writ of mandamus to the DDA to allot alternative shops or plots to the petitioners on the terms and conditions applicable to other equally placed 94 persons who had been held eligible by the DDA for allotment in the marble market at Papankala. This allotment was made under the scheme of rehabilitation of marble traders who had been removed from the Central South Ridge, Mehrauli Badarpur Road pursuant to certain orders passed by the Hon'ble Supreme Court in a public interest litigation (M.C. Mehta vs. Union of India). In W.P. (C) 1674/ 1997 an order came to be made by this Court on 2.4.2003 wherein the following directions were given:

(3.) Consequent upon the above order, the petitioners made representations to the DDA to allot them the alternative plots. A committee was constituted by the DDA to scrutinise the applications and documents submitted by the petitioners. The committee found that the petitioners were identically placed as the 94 marble traders who had been allotted alternative plots at Sector 20, Dwarka, New Delhi. This was followed by the DDA issuing the impugned letters of allotment dated 12.7.2006 to each of the petitioners here informing them of the allotment of alternative plots of varying sizes of 250/ 230/ 210 sq. m. on leasehold basis at Rs. 38,259/- (provisional) per sq. m., at the Service Centre, Sector 20, Dwarka. Each of the petitioners was asked to deposit the sum of Rs. 33,47,663/- as the initial amount constituting 35% of the premium of the plot within 60 days of the issue of the letter.