LAWS(DLH)-2009-11-74

ASHOK CHITKARA Vs. GOVT OF NCT OF DELHI

Decided On November 16, 2009
ASHOK CHITKARA Appellant
V/S
GOVT OF NCT OF DELHI Respondents

JUDGEMENT

(1.) THE petitioner has now been allotted a plot No. S-30, measuring 400 square yards, Okhla Industrial Area, Phase-II, New Delhi. The petitioner had originally asked for allotment of plot measuring 300 square yards and had made payment of the same in the year 1983. Possession to most of the applicants under the scheme floated by Industries Department of Delhi administration was given in the year 1983-84 but some of the plots could not be allotted as they were encroached upon by jhuggi jhopri dwellers. The petitioner was one of them.

(2.) IN 1990, keeping in view the encroachment and non- availability of land, four suitable industrial plots in S block, Okhla Industrial Area, Phase-II were carved out and after approval from the Lt. Governor, draw of lots was held on 6th January, 1997. The petitioner's name was also included in the said draw of lots. This draw of lots was made subject matter of challenge in two writ petitions filed in this Court by Analog System and Dr. Kusum Manchanda. Interim stay orders were passed in the writ petitions and no allotment could be done. These orders were partly modified vide orders dated 24th January, 2003 and 10th march, 2003. By order dated 10th March, 2003, the respondents were permitted to make allotment in terms of the draw of lots held on 6 th January, 1997, subject to final orders in the two writ petitions.

(3.) THE writ petition filed by Analog Systems was finally disposed of vide order dated 22nd May, 2006 with the directions that the respondents will allot plot No. S-87 to Analog System, plot No. S-17 to Mr. Shyam Gupta, plot No. S-61a to Mr. Gyanesh Chaudhary and plot No. S-30 to Mr. Ashok Chitkara, the petitioner herein. This was a consent order. The writ petition, therefore, came to an end and was disposed of. The respondents thereafter made the relevant allotments and have charged Rs. 41,180/- per square meter for the additional 100 square yards of land allotted to the petitioner.