GOPAL KISHAN Vs. COMMISSIONER OF INDUSTRIES

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner no. 1 as sole proprietor of M/s V. Krishna Yarn Agencies on the averment that they are carrying on manufacturing business of cotton yarn at 2388, Teliwara, Sadar bazar, Delhi-110006 which was a non-conforming area. Reliance is placed on a sales tax registration certificate dated 22nd June, 1979 in respect of this manufacturing business. The petitioners have submitted that in addition to these premises where manufacturing activity is carried on the petitioner was merely maintaining head office at the premises no. 4502, dau Bazar Cloth Market, Delhi. Several documents including income tax returns, profit and loss account and other documents to evidence the manufacturing activity carried on this premises were deposited by the petitioner alongwith and the application dated 24th December, 1996 was submitted for allotment of an industrial plot pursuant to the relocation scheme floated by the respondents. The petitioner's grievance is that the petitioner satisfied all requirements and had duly filed affidavits also as required by the respondents. Certain defects in the application which was duly responded by the petitioner's communication dated 11th November, 1998. Further documents were also submitted. The petitioners are stated to have taken a bank loan of Rs. 1,20,000/- from the punjab and Sind Bank towards payment of the amount towards the plot.

(2.) IT is pointed out that on the assurance that the petitioner's application was being favourably considered, the petitioner also closed down manufacturing activity in his factory located in the non-conforming area in compliance with the orders of the Apex Court.

(3.) DESPITE the above, by a letter dated 24th March, 2004 titled as "review of Application Regarding Allotment of Industrial Plot under the relocation Scheme", the petitioner was required to appear before the allotment committee on the 6th April, 2004 with complete documents. This was followed by a communication dated 1st April, 2004 whereby the petitioner was informed that fresh notices/call letters were being sent for submitting documents before the committee and the petitioner should appear on 6th April, 2004 Despite submitting all documents and appearing before the committee, no intimation was received by the petitioners. The petitioner no. 1 stated to have visited the respondent's office more than a hundred times.