JAI BHAGWAN GOEL DAL MILL AND ORS. Vs. DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND ANR.

JUDGEMENT

(1.) THE challenge in this appeal is to a decision dated 20th July, 2009 of the learned single Judge dismissing the appellant's WP(C) No. 5577/2008.

(2.) THE appellant was running two industrial units at village Bakoli, Delhi. In the unit at khasra No. 570 he was processing 'mansoor pulse' while at the unit at khasra No. 544/1 he was processing 'moong pulse'. Both units were located in non -conforming/residential areas. By an order dated 30th October, 1991 the Supreme Court directed the non -conforming units to be removed and relocated. Thereafter, the Government of NCT of Delhi (GNCTD) issued a public notice dated 27th November, 1996 inviting applications for allotment of industrial plots for relocation of industries from residential/non -conforming areas to conforming use areas.

(3.) AN Office Memorandum dated 20th July, 1999 was issued by the GNCTD regarding the implementation of the decision dated 7th July, 1999 of the Cabinet and a decision taken during the 3rd meeting of the High Powered Project Implementation Committee in respect of the Relocation Scheme. In terms of the said Office Memorandum, in respect of units which were functioning from more than one premises and in respect of which separate applications had been submitted, it was decided that "the requirement of plot area of all the locations should be clubbed together and if it exceeds 400 sq. mtrs., then the provisions proposed for larger units should be applied". It appears that DSIDC could not allot plots of 400 sq. mtrs. as the number of applicants was large. Ultimately, a decision was taken to allot a plot of only 250 sq. mtrs.