LAWS(NCD)-1991-7-45

S R PAHUJA Vs. ALOK SWAROOP

Decided On July 24, 1991
S R Pahuja Appellant
V/S
ALOK SWAROOP Respondents

JUDGEMENT

(1.) This complaint has been filed by Sh. S. R. Pahuja, Proprietor of Royal Bakelite Industries, 41, Pitam Pura, Delhi-34 against the respondents Mr. Alok Swaroop, Dy. Director (Industrial), DDA and Sh. S. P. Singhal, Director, DDA. The brief facts of the case are that DDA advertisement in the newspapers during the year 1970 and asked for, applications from the small industrial units functioning in nonconforming areas to be shifted to conforming areas by allotting alternative industrial plots. Smt. Sita Rani, wife of the complainant applied for a plot and also deposited a sum of Rs.1,000/- as earnest money under this scheme for the allotment of a plot of 400 sq. yards. She, represented to the DDA that she was not allotted any plot under the shifting scheme. At that given time she was alleged to be running her industry at C- 84, Majlis Park, Delhi- 33 which was non-conforming area.

(2.) Being a legal heir of late Smt. Sita Rani the complainant pursued the case, for allotment of alternative plot with DDA but he was not allotted any alternative plot. He alleged that he was discriminated and was not allotted an industrial plot under the shifting scheme. That his factory which was earlier running at C- 84, Majlis Park w. e. f. the year 1970 to 1978 was shifted to another site located at 41, Village Pitam Pura, Delhi-34 which was located within 'lal Dora'. He has therefore prayed that DDA be directed to allot a plot to the. complainant in industrial area of G. T. Karnal Road or Wazirpur Industrial Area or Rohtak Railway Line Industrial Area etc. and he be allowed to shift the industry there.

(3.) In the written statement the respondents denied all the allegations of the complainant. They, however, admitted that an advertisement for shifting of miming industries in non-conforming areas and for allotment of alternative plots in conforming areas was issued by DDA during the year 1970. They further stated that the complainant M/s. Royal Bakelite Industries had applied for an industrial plot in lieu of premises No.149, Municipal Colony, Azad Pur. The petitioner/complainant was intimated by the respondents vide letter dated 29th June 1971 that his application could not be considered as no factory was in existence at the said site in lieu of which an alternative industrial plot could be allotted. The complainant, however, kept on representing and after considering all his pleas his application was rejected.