HEMANT PLASTIC INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this writ petion the petitioner seeks a mandamus against the respondents to hand over vacant possession of the industrial plot measuring 1042.37 square metres bearing plot No. 14/5-D, Block Okhla Industrial Area-11 or in the alternative allot a plot of the same area in the vicinity of the said plot. It is also prayed that the respondents be directed to execute a lease deed regarding the aforesaid plot and for payment of interest on the deposit of Rs. 9,90,000.00 deposited by the petitioners under the directions of the Court.

(2.) At the outset the Counsel for the respondent/DDA contends that the writ petition is not maintainable and is barred by the principle of res judicata. It is stated that earlier writ petition involving the plot in question being CW 386/91 filed by the present petitioners was dismissed in default on 10.1.1995 by a Division Bench of this Court. An application was also filed for the restoration of the writ petition (CW 386/ 91) which was also dismissed on 23rd March, 1998. In the circumstances the learned Counsel for the respondents prays that the petition be dismissed.

(3.) The learned Counsel for the petitioners has invited the attention of this Court to various orders passed in CW 386 of 1991 and contends that by no stretch of imaginations could this Court have dismissed the said writ petition and that the present petition only seeks enforcement of the orders of the Court dated 19th April, 1993 in CW 386/91 with regard to handing over of the vacant possession of the industrial plot.