KISHAN LAL Vs. DCM LIMITED

JUDGEMENT

(1.) By this order I propose to dispose of the aforementioned petitions as they giverise to and involve similar issues which were urged before me.

(2.) The respondent/Delhi Cloth Mill is a company which owns 52 acres of land atBara Hindu Rao, Kishan Ganj, Delhi and was running a textile mill at the said place.The mill had in all about 63 acres of land, out of which 52 acres were free-hold landwhereas remaining 11 acres were lease-hold land. A master pain was drawn up andput into operation in 1962 by Delhi Development Authority for the entire Delhi in termsof which the mill was required to be shifted from the aforesaid location which washeld under the Master Plan as a non-conforming area. In the said Master Plan it wasalso stipulated that the land on which the mill was located could be used for flattedfactories and group housing residential schemes. Accordingly, the respondent appliedto Delhi Administration for permission to close its mill and submit a scheme to DelhiDevelopment Authority for re-development of the land into group housing and flattedfactories. The aforesaid closure of the mill was sought for under Section 25-D of theIndustrial Disputes Act. Delhi Administration However, refused to accord suchpermission which resulted in filling of writ petition in this court which was registeredas C. W.P.I 28/1985. The Full Bench of this court allowed the writ petition and the Lt.Governor of Delhi was directed to determine the application of the company forpermission to close down the Undertaking under section 25-D of the IndustrialDesputes Act. The Special Leave Petition filed as against the aforesaid order of thiscourt was also dismissed and thus the respondent closed its textile mill w.e.f. 1.4.1989.

(3.) Delhi Development Authority however, revoked its resolution dated 1.2.1993whereby it had granted permission to the respondent to re-develop the land in termsof their request. The aforesaid action on the part of Delhi Development Authority alsocame to the challenged in a writ petition in this court which was registered andnumbered as writ petition No. 2687/1986 which was also allowed by the Full Bench ofthis court on 2.5.1987 upholding the right of the respondent to re-develop the land asper Master Plan. Delhi Development Authority as also the Central Governmentchallenged the said judgment in Special Leave Petition which dismissed on 30.3.1990directing the Delhi Development Authority to grant conditional approval. By theaforesaid judgment the Supreme Court upheld the right of the respondent to redevelop the land. By its order dated 1.5.1991 the Supreme Court approved thescheme of the respondent for re-development of 52 acres of land at Bara Hindu Rao,Kishan Gank, Delhi.