CHHANGA LAL Vs. M C D

JUDGEMENT

(1.) MENACE of stray cattle in Delhi has resulted in a series of directions being issued by this Court in WP (C) No. 3791/2000 titled as "common cause v. Union of India". Municipal Corporation of Delhi (hereinafter referred to as MCD for short) prepared a re-settlement scheme for shifting of unauthorized dairies to Ghogha on the outskirts of Delhi. Approximately 180 acres of land has been earmarked and allotted to MCD to develop a colony on self-financing basis. Allotment of dairy plots was to be made on first come first serve basis as per circular No. 539/dir. /vs. /2006 dated 1/8/2006 issued by MCD. Public notices were thereafter issued inviting applications for allotment of dairy plots. The relevant public notice taken on by MCD reads as under:

(2.) THE form prescribed by MCD in column 4 required the applicant to state the place where the dairy was being presently run and column 5 required the applicant to give details of number of catties and the size of the plot for which application was being made i. e. 60 sq. mts. or 96 sq. mts. The applicant was also required to verify the application form by declaring that the information furnished by him was true and correct to his knowledge and nothing was concealed and in case any information given in the form was found to be incorrect, the applicant would be responsible for the same and would face legal consequences.

(3.) 5857 applications were received for booking of as many as 8344 dairy plots out of which 2569 applications were for plots measuring 60 sq. mts. , while the remaining 5775 applications were for plots measuring 96 sq. mts. Thereafter by public notices published in news papers on 13. 10. 2004, the applicants were required to deposit 50% of the developed cost of the plot i. e. Rs. 1250/- per sq. mts. The balance amount was payable after layout plan, roads and drains were constructed. The last date of payment of Rs. 1250/-per sq. Mts. was extended upto 31. 1. 2005.