ENGINEERING WORKS Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioners have filed the present petition under Article 226 of the Constitution of India, 1950 seeking a writ, order or direction to quash and set aside the letter dated 10. 07. 2002 issued by the respondents and by virtue of which the allotment to the petitioner of Plot No. 8, Pocket F, Sector 4, bawana Industrial Complex, was cancelled. The petitioners also seek a direction to the respondents to mutate the said Plot No. 8, Pocket F, sector 4, Bawana Industrial Complex, in the name of petitioner No. 2.

(2.) THE brief facts that have led to filing of the present petition may first be noticed. The petitioner No. 1 (M/s Engineering Works) is a proprietorship firm of 'late Shri Suraj Singh and petitioner No. 2 is the widow of late Shri suraj Singh. Pursuant to an order of the Supreme Court the respondents framed a scheme for relocation of industries from residential/non-conforming areas to newer industrial estates. Since the petitioners were also operating in a non-conforming area, the husband of petitioner No. 2 approached to the respondent No. 2 (Delhi State Industrial development Corporation Limited, "ds/dc") and filed an application bearing No. 38782, dated 31. 12. 1996 for allotment of an alternate industrial plot. Alongwith this application the husband of petitioner No. 2 submitted the requisite documents and also deposited a sum of Rs. 90,000/-, as earnest money which amount was paid through the Delhi State Cooperative Bank.

(3.) LEARNED counsel for the petitioners submits that from the years 1996 to 1998, the petitioners did not receive any information from the respondents with regard to the status of the above said application. On 26. 05. 1998, the husband of petitioner No. 2 died. Learned counsel for the petitioners submits that a letter dated 23. 10. 2000 was received by petitioner No. 2 from the respondents. The petitioners were informed that a draw of locs was held on 12. 10. 2000 and petitioner No. 1 was found successful for allotment of an alternate industrial plot measuring 200 sq. meters, bearing No. 8, Sector 4, pocket F, Bawana Industrial Complex (hereinafter referred to as, "the plot" ). The tentative cost of the plot was estimated as Rs. 4,200/- per sq. meters and accordingly, the cost of the plot allotted to the petitioner was Rs. 8,40,000/ -. Learned counsel for the petitioners submits that subsequently, petitioner no. 2 received information that the cost of the plot for which the defendants were demanding Rs. 4,200/- per square meters was only Rs. 3,000/- per square meters, earlier. The increased cost of the plot had been challenged by the association and other allottees before this Court.