ABDUL AZIZ Vs. D.D.A.

JUDGEMENT

(1.) THE present writ petition was filed by the petitioner in the year 1997, praying inter alia for issuance of a mandamus to the respondent, to allot an alternate industrial plot to the petitioner, in lieu of existing premises No. 519 -A, Dilshad Garden, Delhi under the scheme of Relocation of Industries. The petitioner had also sought directions to the respondent to allot 400 sq. yds. of land in Khasra No. 446/443, Revenue Estate Jhilmil, Tahirpur, Delhi after de -notifying the same from the acquisition proceedings.

(2.) IT is the case of the petitioner that he is the owner and in possession of plot measuring 4,250 sq. yards, bearing No. 519 -A/1, Dilshad Garden, Delhi and that he has been paying municipal tax, electricity and water bills in respect of the aforesaid premises. Counsel for the petitioner submits that the petitioner is running a business of manufacturing paint brushes at the aforesaid plot. On 18.3.1980, the respondent/DDA issued a letter to the petitioner informing him that in case the petitioner was interested in shifting his industry from the aforesaid location to an alternative location in some other industrial area, he may file an application. It was however clarified in the said letter that the invitation to file an application would not be treated as a commitment for allotment.

(3.) NOTICE was issued in the present writ petition on 29.1.1997 and on the very same day, on an interim application filed by the petitioner, status quo order was directed to be maintained regarding possession of the premises in question. The aforesaid status quo order was confirmed on 12.11.1997 when the writ petition was admitted to regular hearing. Thereafter, in the year 2004, the petitioner filed an application seeking to amend the writ petition on the basis of certain averments made by the respondent in its counter affidavit filed in the year 2003. The said application was allowed and the amended writ petition was taken on the record. In the amended writ petition, the petitioner sought additional reliefs as prayed for in prayers (iii) to (v), which included a direction to the respondent/DDA to allot 400 sq. yards of land in the same Khasra, after de -notifying the same from acquisition proceedings.