BHATIA FURNITURE MART Vs. GLOBE ENGINEERING WORKS

JUDGEMENT

(1.) This is defendant's second appeal against whom suit for declaration and permanent injunction was dismissed by trial Court but was decreed in appeal.

(2.) The plaintiff M/s. Globe Engineering Works filed a suit seeking a decree for declaration to the effect, that the plaintiff alone is entitled for allotment of plot No. 87, Sector 24, Faridabad, and the order for allotment, dated 9.8.1985 passed in favour of defendant No. 2 i.e., M/s. Bhatia Furniture Mart, Faridabad by the official of defendant No. 1. namely, the Haryana Urban Development Authority (hereinafter referred to as the Authority) was illegal. unjust, arbitrary and beyond, the competence of defendant No. 1 and as such allotment in favour of defendant No. 2 was liable to be stuck down as bad in law and not binding on the rights of the plaintiff. He further prayed for a decree for mandatory injunction to allot the plot in question in his favour and for injunction restraining defendant No. 1 from granting possession of the plot in favour of defendant No. 2.

(3.) The brief and relevant facts, according to the plaintiff are that the plaintiff is the sole proprietary firm of Shri Azzimudin under the name and style of M/s. Globe Engineering Works, Faridabad and is engaged in the manufacture of tractor parts and fabrication works. On the application by the plaintiff dated 19.4.1982 the Chairman of the Authority allotted Plot No. 87, Sector 14, Faridabad to the plaintiff subject to the condition of approval of the project report by be department of industries. Consequently, the plaintiff submitted a scheme and provisional registration of the plaintiff firm as small scale unit. The requisite formalities were completed and ultimately the Director of Industries informed the Estate Officer of the Authority by a letter dated 4.10.1982 to the effect that the scheme submitted by the plaintiff has been found to be technically feasible and that it had been approved. It was, however, pointed out that the plaintiff requirement would be met by even of land measuring 1/4 acre. The plaintiff did not see eye to eye with this approval of the Director Of Industries and then again a reference was made. Ultimately, the Director of Industries recommended half acre of land for the said project. It was also pleaded that the plaintiff completed all the formalities required under the law and he became eligible for allotment of plot No. 87, Sector 24, Faridabad. It was further averred that defendant No. 2 'tried to' get the plot in question allotted in his name despite the fact that he was already allotted industrial plot Nos. 23 and 24 in Sector 5, Faridabad. According to the plaintiffs defendant No. 2 had no right to be allotted the said plot. The plaintiff had applied for allotment of the plot first in point of time and offer for the allotment was made by the Chairman of the Authority. Thus, defendant No. 1 was bound to issue the letter of allotment and to hand over actual physical possession of the plot to the plaintiff. It was also alleged that during the pendency of the proceedings defendant No. 2 in collusion with the officials of defendant No. 1 got allotment of plot No. 87 in an indecent haste on 9.8.1985. The said Allotment is arbitrary, mala fide, illegal and as such not binding on the rights of the plaintiff. Thus 'with these' averments the present suit was filed.