DELHI STATE INDUSTRIAL Vs. FRIENDS GARMENTS

JUDGEMENT

(1.) The appellant Delhi State Industrial & Infrastructure Corporation Ltd. (DSIDC) has impugned the concurrent findings of both the courts below; order dated 8th Sept., 2011 passed by the learned Trial Court and order dated 13th Jan., 2015 passed by the First Appellate Court, whereby the suit filed by the respondent/plaintiff praying for the decree of permanent and mandatory injunction and declaration has been decreed returning a finding that no allotment letter was ever sent to the respondent/plaintiff by DSIDC before cancelling the allotment on 10th July, 2002 of plot No.58, Pocket-D, Sector-2, Bawana Industrial Area (measuring 100 sq.yds.) allotted to him.

(2.) After hearing learned counsel for the parties, the following substantial question of law was formulated on 3rd Feb., 2017:-

(3.) Ms. Renuka Arora, Advocate for the appellant has submitted that both the Courts below have held that no allotment letter was sent to the respondent/plaintiff ignoring the fact that even time for deposit of the charges was extended from 31st March, 2001 to 1st April, 2002 under orders of the Supreme Court which was widely published in all the leading newspapers. Learned counsel for the appellant has drawn the attention of this Court to Annexure A-5 whereby attention of the allottees of plots/flat/factories under the Relocation Scheme was drawn by DSIDC publishing the following notice:-